(a) Findings. -- The General Assembly finds and declares:
(1) That the people of the State have the right to a clean and wholesome environment;
(2) That prevailing solid waste disposal practices generally, throughout the State, result in unnecessary environmental damage,
substantially degrade surface and groundwater, waste valuable land and other resources and constitute a continuing hazard
to the health and welfare of the people of the State;
(3) That local governments responsible for waste disposal services are becoming hard pressed to provide adequate services
at reasonable costs, without damage or hazard to the environment and the loss of useful resources;
(4) That as a result of inadequate solid waste collection and disposal systems rural areas of the State are particularly subjected
to esthetic degradation because of litter;
(5) That locally organized voluntary recycling programs have shown that solid wastes produced in the State contain recoverable
resources;
(6) That technology and methods now exist to dispose of solid wastes and recover resources with commensurate environmental
benefits;
(7) That coordinated large-scale processing of solid wastes may be necessary in order to achieve maximum environmental and
economic benefits for the people of the State;
(8) That the amounts of solid waste being produced within the State are adequate to sustain such large-scale processing;
(9) That the geography and population density of the State are such as to enable and facilitate the effective and economic
regional accumulation of solid wastes;
(10) That the development of systems and facilities and the use of the technology necessary to initiate large-scale processing
of solid wastes have become logical and necessary functions to be assumed by state government;
(11) That the provision of solid waste disposal services to local governments at reasonable cost, through the use of state
governmental powers and capabilities, would supply valuable assistance to such local governments; and
(12) That, because of the foregoing, the provision of statutory authorization for the necessary state structure, which can
take initiative and appropriate action to provide the necessary systems, facilities, technology and services for solid waste
management and resources recovery is a matter of important public interest and that it is the purpose and intent of the General
Assembly to be and remain cognizant not only of its responsibility to authorize and establish accomplishment of solid waste
management and resources recovery, but also of its responsibility to monitor and supervise the activities and operations of
the state Authority created by this chapter, and the exercise of the powers conferred upon such Authority by virtue of this
chapter.
(b) Policy. -- The General Assembly declares the following to be the policies of the State:
(1) That maximum resources recovery from solid waste and maximum recycling and reuse of such resources in order to protect,
preserve and enhance the environment of the State shall be considered environmental goals of the State;
(2) That solid waste disposal and resources recovery facilities and projects are to be implemented either by the State or
under state auspices, in furtherance of these goals;
(3) That appropriate governmental structure, processes and support are to be provided so that effective state systems and
facilities for solid waste management and large-scale resources recovery may be developed, financed, planned, designed, constructed
and operated for the benefit of the people, municipalities and counties of the State;
(4) That private industry is to be utilized to the maximum extent feasible to perform planning, design, management, collection,
construction, operation, manufacturing and marketing functions related to solid waste disposal and resources recovery, and
to assist in the development of industrial enterprises based upon resources recovery, recycling and reuse;
(5) That long-term negotiated contracts between the State and persons and business entities may be utilized as an incentive
for the development of industrial and commercial enterprise based on resources recovery within the State;
(6) That solid waste collection and disposal services shall be provided for municipal and regional authorities and persons
in the State, at reasonable cost, by state systems and facilities where such services are considered necessary and desirable
in accordance with the statewide solid waste management plan and that any revenues received from the payment of the costs
of such services otherwise from the operation of state systems and facilities shall be redistributed to the users of such
services provided that the Authority has determined that all contractual obligations related to such systems and facilities
have been met and that such revenues are surplus and not needed to provide necessary support for such systems and facilities;
(7) That provision shall be made for planning, research and development, and appropriate innovation in the design, management
and operation of the State's systems and facilities for solid waste management, in order to permit continuing improvement
and provide adequate incentives and processes for lowering operation and other costs;
(8) That the Authority established pursuant to this chapter shall have responsibility for implementing solid waste disposal
and resources recovery systems and facilities and solid waste management services where necessary and desirable throughout
the State in accordance with a state solid waste management plan and applicable statutes and regulations;
(9) That infectious waste be disposed of by the Authority on a statewide basis in accordance with applicable statutes, regulations
and inspection procedures approved by the Department of Health and Social Services and issued by the Department of Natural
Resources and Environmental Control to assure adequate and proper disposal in a manner to protect the public health and welfare;
(10) That actions and activities performed or carried out by the Authority or its contractors in accordance with this chapter
shall be in conformity with the state solid waste management plan;
(11) That these policies and purposes are hereby declared to be in the public interest and this chapter to be necessary and
for the public benefit, as a matter of legislative determination.
(c) Purpose. -- The General Assembly declares the following to be the purpose of this chapter:
(1) That a statewide comprehensive program for management, storage, collection, transportation, utilization, processing and
disposal of solid waste be established.
(2) That a program for the maximum recovery and reuse of materials and energy resources derived from solid wastes be established.
(3) That a program for protecting the land, air, surface and groundwater resources of the State from depletion and degradation
caused by improper disposal of solid waste be established.
(4) That a program in cooperation with the United States Environmental Protection Agency, or other federal and state agencies,
for the demonstration of systems and techniques of materials recovery, market development and reuse be established.
(5) That a statewide program for disposal of infectious waste, giving special attention to the management and operation of
an infectious waste facility, be established.
(6) That a statewide solid waste management plan be developed and implemented by the Authority.
60 Del. Laws, c. 288, § 1; 67 Del. Laws, c. 136, §§ 1, 2.;
§ 6402. Definitions.
The following terms shall have the meanings ascribed to them in this chapter:
(1) "Authority" means the Delaware Solid Waste Authority.
(2) "Department" means the Department of Natural Resources and Environmental Control.
(3) "Facility" means any solid waste disposal site, system or process and the operation thereof, including but not limited
to personnel, equipment and buildings.
(4) "Groundwater" means any water naturally found under the surface of the earth.
(5) "Person" means any individual, partnership, corporation, association, institution, cooperative enterprise, municipality,
commission, political subdivision or other duly established legal entity.
(6) "Resources recovery" means the recovery of energy and materials from solid wastes in a saleable form which will allow
their reuse in specific market applications.
(7) "Resources recovery systems" means systems specifically designed for recycling solid wastes into energy and materials.
(8) "Revenues" means all revenues to the Authority including but not limited to those generated through user charges and the
sale of recycling products through resources recovery systems and facilities.
(9) "Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution
control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting
from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid
or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges
which are point sources subject to permits under § 402 of the Federal Water Pollution Control Act, as amended (86 Stat. 880)
[33 U.S.C. § 1342], or source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended
(68 Stat. 923) [42 U.S.C. § 2014].
(10) "Solid waste management services" means services including but not limited to the collection, transportation, storage,
transfer, processing, recycling or disposal of solid wastes.
(11) "Surface water" means water occurring generally on the surface of the earth.
(12) "Users" means any person who delivers and/or deposits solid waste at a facility for subsequent processing, disposal or
recycling.
(13) "Volume reduction" means a system or process for physically or chemically reducing the volume of solid wastes.
(14) "Municipality" or "municipalities" means a county, city, town or other public body of the State.
(15) "Costs" means the cost or fair market value or value, as determined by the Authority, of construction, real property,
property rights, utility extensions, disposal facilities, access roads, easements, franchises, financing charges, interest,
labor, materials, machinery and equipment, engineering and legal services, plans, specifications, surveys, cost estimates,
studies, transportation and other expenses necessary or incidental to the design, development, construction, financing, management
and operation and maintenance of a waste management project, and such other costs or expenses of the Authority as may be necessary
or incidental to the purposes of the Authority, including administrative and operating costs, research and development and
operating capital, including fees, charges, loans, insurance and the expense of purchasing real and personal property, including
waste management projects.
(16) "Industrial solid waste" means solid waste produced by or resulting from industrial applications, processes or operations.
(17) "Infectious waste" means those wastes which may cause human disease and may reasonably be suspected of harboring human
pathogenic organisms, or may pose a substantial present or potential hazard to human health or the environment when improperly
treated, stored, transported, disposed of or otherwise managed. Types of wastes designated as infectious include, but are
not necessarily limited to, the following:
a. Biological wastes which shall include, but not be limited to:
1. "Biological liquid wastes" which shall mean blood and blood products, excretions, exudates, secretions, suctionings and
other body fluids including liquid wastes from renal dialysis.
2. "Pathological wastes" which shall mean all human tissues and anatomical remains, including human fetal remains, which emanate
from surgery, obstetrical procedures, autopsy and laboratory procedures.
3. "Cultures and stocks of etiologic agents and associated biological wastes" which shall mean, but is not limited to, specimen
cultures, cultures and stocks of etiologic agents and wastes from production of biologicals and serums.
4. "Laboratory wastes" which shall mean those wastes which have come in contact with pathogenic organisms and blood or body
fluids. Such wastes include, but are not limited to, disposable materials, culture dishes, devices used to transfer, inoculate
and mix cultures, paper and cloth which have come in contact with specimens or cultures which have not been sterilized or
rendered noninfectious; or laboratory wastes, including cultures of etiologic agents, which pose a substantial threat to health
due to their volume and virulence.
5. Animal tissue, bedding and other waste from animals known or suspected to be infected with a pathogen which also causes
human disease, provided that prevailing evidence indicates that such tissue, bedding or other waste may act as a vehicle of
transmission to humans.
6. Human dialysis waste materials including blood lines and dialysate membranes.
b. "Sharps" which shall mean any discarded article that may cause puncture or cuts. Such wastes include but are not limited
to, needles, intravenous (IV) tubing with needles attached, scalpel blades, glassware and syringes that have been removed
from their original sterile containers.
c. "Discarded biologicals" which shall mean serums and vaccines produced by pharmaceutical companies for human or veterinary
use. These products may be discarded because of a bad manufacturing lot (i.e., off-specification material that does not pass
quality control or that is recalled), out-dating or removal of the product from the market or other reasons. Because of the
possible presence of etiologic agents in these products, the discarded material constitutes infectious waste.
d. "Other infectious wastes" which shall mean any residue or contaminated soil, water or other debris resulting from the cleanup
of a spill of any infectious waste.
(18) "Infectious waste generator" means hospitals, inpatient or outpatient clinics, laboratories, medical offices, dental
offices, nursing homes and inpatient residential facilities serving persons with diseases which may be transmitted through
contact with infectious wastes as well as veterinarian facilities and research laboratories operating within the State.
60 Del. Laws, c. 288, § 1; 60 Del. Laws, c. 558, § 6; 61 Del. Laws, c. 132, §§ 1, 2; 63 Del. Laws, c. 372, § 2; 67 Del. Laws, c. 136, §§ 3, 4.;
§ 6403. Establishment, composition, etc., of Authority.
(a) There is hereby established and created a statewide solid waste authority, a body politic and corporate constituting a
public instrumentality of the State established and created for the performance of an essential public and governmental function,
to be known as the Delaware Solid Waste Authority. The Authority shall consist of 7 directors, all of whom shall be residents
of and qualified to vote in the State. The Governor shall appoint the directors with the advice and consent of the Senate.
The Governor shall designate a director as chairperson, and such director shall serve at the pleasure of the Governor. There
shall be at least 1 director from each of 3 counties and the City of Wilmington. Authority directors registered in either
major political party shall not exceed the other major political party by more than 1. The terms of the original directors,
excluding the chairperson, shall be as follows: Two directors shall serve for 1 year; 2 directors shall serve for 2 years;
and 2 directors shall serve for 3 years. Upon the expiration of the terms of the original directors, excluding the chairperson,
the term of each director appointed thereafter shall be 3 years.
(b) In the event of the death of a director, permanent disability of a director, resignation of a director or failure of a
director to perform his or her duties, the Governor shall appoint an interim director to serve for a period not to exceed
6 months, unless such interim director shall be confirmed by the Senate, in which case the interim director shall complete
the term of the replaced director. If an interim director is not confirmed by the Senate within 6 months of the date of appointment,
the position of director shall remain vacant until such time that an interim director is confirmed by the Senate, or a director
is selected to serve a new term. Except as otherwise set forth herein the appointment of interim directors shall be subject
to all other requirements regarding appointments of directors.
(c) For purposes of conducting business of the Authority, 5 directors shall constitute a quorum. A majority vote of members
constituting the quorum shall be required for action on any matter before the Authority. All votes on matters before the Authority
shall be conducted at meetings open to the public, and such meetings shall be timely noticed through statewide newspaper advertisement.
Nothing herein shall prevent the directors of the Authority from meeting at executive sessions which are closed to the public
for purposes of discussing Authority matters.
(d) Each director shall be entitled to reimbursement for actual and necessary expenses incurred during the performance of
official duties.
(e) The Authority may delegate to 1 or more of its directors, the manager, or its agents, such powers and duties as it may
deem necessary and proper in conformity with this chapter.
(f) The chairperson shall, with the approval of the directors, select a manager of the Authority who shall be an employee
of the Authority.
(g) Subject to § 6409 of this title, the Authority shall continue until its existence shall be terminated by law, in which
case all of its rights and properties shall pass to and be vested in the State.
(h) The Authority may adopt procedural rules to implement this section.
(i) The Authority may, after notice and public hearing, adopt rules and regulations governing the use and/or operation of
facilities under its jurisdiction and control.
(j) The Authority shall, after notice and public hearing, adopt a statewide solid waste management plan, and amend such plan
as necessary.
(k) The Authority may, after notice and public hearing, adopt fee schedules, user charges and/or other charges for the use
and/or operation of facilities under its jurisdiction and control.
(l) The Authority may, after notice and public hearing, adopt rules and regulations to effectuate the powers, policies, purposes
and functions set forth in this chapter.
(m) The Authority may, after notice and public hearing, adopt rules and regulations governing the composition, quality, quantity
and delivery of source separated recyclable materials to recycling centers.
60 Del. Laws, c. 288, § 1; 60 Del. Laws, c. 558, §§ 1-3; 61 Del. Laws, c. 132, §§ 3, 4; 64 Del. Laws, c. 343, § 5(a); 67 Del. Laws, c. 432, § 2; 70 Del. Laws, c. 186, § 1.;
§ 6404. Functions of Authority.
The functions of the Authority shall include, but not be limited to the following:
(1) The planning, design, construction, financing, management, ownership, operation and maintenance of solid waste disposal,
volume reduction and resources recovery facilities and all related solid waste reception, transfer, storage, transportation
and wastehandling and general support facilities considered by the Authority to be necessary, desirable, convenient or appropriate
in carrying out the statewide solid waste management plan and in establishing, managing and operating solid waste disposal
and resources recovery systems and their component waste-processing facilities and equipment;
(2) The provision of solid waste management services to municipalities, regions and persons within the State by receiving
solid wastes at Authority facilities, pursuant to contracts between the Authority and such agencies, municipalities, persons,
regions and business entities; the recovery of material and energy resources and resource values from such solid wastes; and
the production from such services and resources recovery operations of revenues sufficient to provide for the support of the
Authority and its operations on a self-sustaining basis, with due allowance for the redistribution of any surplus revenues
to reduce the costs of Authority services to the users thereof;
(3) The utilization, through contractual arrangements, of private industry for implementation of some or all of the requirements
of the state solid waste management plan and for such other activities as may be considered necessary, desirable or convenient
by the Authority;
(4) Assistance with the coordination of efforts directed toward source separation for recycling purposes;
(5) Assistance in the development of industries and commercial enterprises within the State based upon resources recovery,
recycling and reuse. These objectives shall be considered to be operating responsibilities of the Authority, in accordance
with the state solid waste management plan, and are to be considered in all respects public purposes. It is the intention
of this chapter that the Authority shall be granted all powers necessary to fulfill these purposes and to carry out its assigned
responsibilities and that this chapter, itself, is to be construed liberally in furtherance of this intention; and
(6) The development, implementation and supervision of a program requiring all persons who haul, convey or transport any solid
waste in any container to obtain a license from the Authority. The Authority may enter into an administrative agreement with
any county, municipality or other political subdivision under which agreement the licensing program referenced herein may
be conducted by the county, municipality or other political subdivision pursuant to such rules and regulations adopted by
the Authority which are applicable to the licensing program.
60 Del. Laws, c. 288, § 1; 61 Del. Laws, c. 132, § 5.;
§ 6405. Manager and staff.
(a) The manager of the Authority shall be a resident of the State, a registered professional engineer in the State and have
obtained at least a masters degree in either civil, mechanical or chemical engineering from an accredited college or university.
The manager shall have at least 10 years' engineering experience including at least 3 years experience in the field of solid
waste management.
(b) The manager shall be a member and chief executive of the staff Authority.
(c) All members of the staff shall be employees of the Authority and, except for the manager, the manager's chief administrative
aide and engineers who have graduated from an engineering curriculum of 4 years or more, be covered by the state merit system
as classified employees.
(d) The manager shall be responsible for developing and recommending an organizational structure for implementing the functions
undertaken by the Authority. The manager shall be responsible for recommending to the Authority persons to be hired as staff
members. The Authority shall approve all hirings and organizational structures.
(e) All members of the staff shall be included under and subject to Chapter 55 of Title 29.
60 Del. Laws, c. 288, § 1; 60 Del. Laws, c. 558, § 4; 63 Del. Laws, c. 372, §§ 3, 4; 70 Del. Laws, c. 186, § 1.;
§ 6406. Powers of Authority.
(a) The Authority shall have the power to:
(1) Approve and adopt an organizational structure to implement this chapter.
(2) Employ a staff to carry out the functions of the Authority.
(3) Establish offices where necessary in the State.
(4) Retain by contract legal counsel, auditors, engineers, private consultants, advisors or other contractual services required
by the Authority.
(5) Sue and be sued.
(6) Have a seal and alter it at pleasure.
(7) Conduct such hearings, examinations and investigations as may be necessary and appropriate to the conduct of its operations
and the fulfillment of its responsibilities.
(8) To procure and keep in force adequate insurance or otherwise provide for the adequate protection of its property, as well
as to indemnify and save harmless it and its officers, agents or employees against loss or liability with respect to any risk
to which it or they may be exposed in carrying out any function of the Authority.
(9) To design, construct, own and operate facilities.
(10) Obtain access to public records and apply for the process of subpoena if necessary to produce books, papers, records
and other data.
(11) Charge reasonable fees for services it performs and waive, suspend, reduce or otherwise modify such fees when it is deemed
appropriate to do so.
(12) Purchase, manage, lease or rent such real and personal property as it may deem necessary, convenient or desirable.
(13) Otherwise, do all things necessary for the performance of its duties, the fulfillment of its obligations, the conduct
of its operations and the conduct of a comprehensive program for solid waste disposal and resources recovery, and for solid
waste management services, in accordance with the state solid waste management plan, applicable statutes and regulations and
the requirements of this chapter.
(14) Assume through contract or otherwise, any existing contract, grant or property right, or interest held by any person,
partnership, corporation, municipality, county, state agency, federal agency or other legal entity, pertaining to solid waste
storage, collection, transportation, treatment, processing, disposal, recycling, reuse or any other use.
(15) Determine the location and character of any project to be developed under this chapter, subject to the requirements of
the statewide solid waste management plan, including the location of recycling centers, without the need to obtain land use
approval.
(16) Purchase, receive by gift or otherwise, lease, exchange or otherwise acquire and construct, reconstruct, improve, maintain,
equip and furnish such waste management projects as are called for by the state solid waste management plan.
(17) Sell or lease to any person, all or any portion of a waste management project, for such consideration and upon such terms
as the Authority may determine to be reasonable.
(18) Mortgage or otherwise encumber all or any portion of a project whenever, in the opinion of the Authority, such action
is deemed to be in furtherance of the purposes of this chapter.
(19) Grant options to purchase, or to renew a lease for, any Authority waste management project on such terms as the Authority
may determine to be reasonable.
(20) Acquire, by purchase, gift, transfer or by condemnation for public purposes, and manage and operate, hold and dispose
of real property and, subject to agreements with lessors or lessees, develop or alter such property by making improvements
and betterments with the purpose of enhancing the value and the usefulness of such property.
(21) Make plans, surveys, studies and investigations necessary or desirable, in conformity with the state plan and with due
consideration for local or regional plans, to carry out authority functions with respect to the acquisition, use and development
of real property and the design and construction of systems and facilities.
(22) Make short and long range plans, consistent with the state solid waste management plan, for the storage, collection,
transportation or processing and disposal of solid wastes and recovered resources by the authority-owned facilities.
(23) Design or provide for the design of solid waste management facilities including design for the alteration, reconstruction,
improvement, enlargement or extension of existing facilities.
(24) Construct, erect, build, acquire, alter, reconstruct, improve, enlarge or extend waste management projects including
provision for the inspection and supervision thereof and the engineering, architectural, legal, fiscal and economic investigations
and studies, surveys, designs, plans, working drawings, specifications, procedures and any other actions incidental thereto.
(25) Own, operate and maintain solid waste management projects and make provision for their management and for the manufacturing,
processing and transportation operations necessary to derive recovered resources from solid waste, and contracting for the
sale of such.
(26) Enter upon lands and waters, as may be necessary, to make surveys, soundings, borings and examinations in order to accomplish
the purposes of this chapter.
(27) Contract with municipal, county and regional authorities, state agencies and persons to provide waste management services
in accordance with this chapter and to plan, design, construct, manage, operate and maintain solid waste disposal and processing
facilities on their behalf.
(28) Design and construct improvements or alterations on properties which it owns or which it operates by contract on behalf
of municipal or regional authorities.
(29) Contract for services in the performance of architectural and engineering design, the supervision of design and construction,
system management and facility management, for such professional or technical services as are required, and for such other
professional or technical services as may require either prequalification of a contractor or the submission by any person,
firm or consortium or association of persons or firms of a proposal in response to an official request for proposal or similar
written communication of the Authority, whenever such services are, in the discretion of the Authority, deemed necessary,
desirable or convenient in carrying out the purposes of the Authority.
(30) Contract for the construction of solid waste facilities with individuals or firms, or consortiums of such individuals
or firms, pursuant to applicable provisions of this chapter, the requirements of applicable regulations and the state plan
and in accordance with such specifications, terms and conditions as the Authority may deem necessary or advisable.
(31) Control, through regulation or otherwise, the collection, transportation, storage and disposal of solid waste, including
the diversion of solid waste within specified geographic areas to facilities owned, operated or controlled by the Authority;
provided, however, that such power shall not extend to the collection, transportation, transfer and storage of hazardous wastes
as defined in subdivision (7) of § 6302 of this title, except to the extent that the Authority engages in activities authorized
under § 6452(8) of this title.
(32) Issue bonds or notes in anticipation of the issuance of bonds, or otherwise, to finance any of the purposes of this chapter,
lend the proceeds of such obligations to any person to effectuate any of the purposes of this chapter, contract with any person
in any manner deemed advisable by the Authority to secure the payment of such obligations and to pledge such contracts as
security for the payment of such obligations.
(b) Any contract for construction valued at over $25,000 shall be let by the Authority pursuant to the process of open or
competitive bidding, provided, the Authority shall have power to determine the format, contents and scope of any contract
for a solid waste management project, the conditions under which bidding shall take place and the schedule and stipulations
for a contract award. The Authority shall also have power to select the contractor deemed to have submitted the most responsive
bid, price and other factors considered, when, in the judgment of the Authority, such award is in the best interests of the
State. The Authority may in its discretion negotiate and enter into a contract or contracts with a single source when it is
desirable to do so.
60 Del. Laws, c. 288, § 1; 61 Del. Laws, c. 132, §§ 6, 7; 63 Del. Laws, c. 372, § 5; 67 Del. Laws, c. 432, §§ 3, 4.;
§ 6407. Funds and transfers of interests.
(a) The Authority shall have the power to:
(1) Accept gifts, grants or loans of funds, property or service from any source, public or private, and comply, subject to
this chapter, with the terms and conditions thereof;
(2) Receive funds from the sale of general bonds, revenue bonds or other obligations of municipal, county or regional authorities
and from the sale of general bonds, revenue bonds or other obligations of the Authority;
(3) Receive funds or revenues from the sale of products, materials, fuels and energy in any form derived from the processing
of solid waste by systems, facilities and equipment under its jurisdiction, and receive revenues in the form of rents, user
fees, user charges, licensing fees and other charges paid by units or agencies of state and local government, and by persons
and organizations, to compensate the Authority for the use of its facilities or the performance of its services;
(4) Apply for and accept from a federal agency loans or grants for use in carrying out its purposes and enter into agreements
with such agency respecting any such loans or grants;
(5) Make loans to any municipal or regional authority or to any person for the planning, design, acquisition, construction,
reconstruction, improvement, equipping and furnishing of a solid waste management project, which loans shall be secured by
loan agreements, contracts or any other instruments or agreements with respect to the use of fees and charges, upon such terms
and conditions as the Authority shall determine reasonable in connection with such loans, including provisions for the establishment
and maintenance of reserve funds, and in the exercise of powers granted in this section in connection with the project for
any such municipal or regional authority or person, to require the inclusion in any contract, loan agreement or other instrument,
of such provisions for the construction, use, operation and maintenance and payment of operating and other costs of a project
as the Authority may deem necessary or desirable and, in connection with the making of such loans, the Authority may purchase,
acquire and take assignments and the notes and bonds of municipal or regional authorities and persons and receive other forms
of security and evidences of indebtedness, and in furtherance of the purposes of this chapter and to assure the payment of
the principal and interest of such loans, and in order to assure the payment of the principal and interest on bonds or notes
of the Authority issued to provide funding for such loans, may attach, seize, purchase, acquire, accept or take title to any
project by conveyance, and may sell, lease or rent any such project for a use specified in this chapter. Any municipality
is hereby authorized to issue general obligation bonds, to which the full faith and credit of such municipality are pledged,
to the Authority in an amount determined by such municipality without regard to any debt or other limit provided in any charter,
special act or general act pertaining to such municipality. Such bonds may be issued and delivered upon negotiation with the
Authority and the consideration therefor may be the provision by the Authority of solid waste and disposal resources recovery
facilities for the use and benefit of such municipality. Such bonds may be pledged by the Authority as security for bonds
issued by the Authority to provide such facilities for the benefit of such municipalities. Any municipality shall also have
the power to unconditionally guarantee the punctual payment of the principal of and interest on any bonds of the Authority,
including the satisfaction of mandatory sinking fund requirements as provided in any resolution, trust indenture or other
documents securing such bonds. Any guarantee of bonds of the Authority made pursuant to this section shall be evidenced by
endorsement thereof on such bonds executed in the name of the municipality and on its behalf by such officer thereof as may
be designated in the resolution authorizing such guarantee, and such municipality shall thereupon and thereafter be obligated
to pay the principal of and interest on said bonds in the same manner and to the same extent as in the case of bonds issued
by it. The obligations imposed by such guarantee shall not be subject to any limitation respecting the incurrence of debt
or the issuance of obligations of such municipality contained in any charter, special act or general act;
(6) Establish payment schedules and make payments for the delivery of source separated recyclable materials to recycling centers,
and create, through funding, incentives for the delivery of source separated recyclable materials to recycling centers by
community groups under programs authorized by the Authority.
(b) The directors of the Authority may by resolution, in accordance with the provisions and stipulations of this chapter and
the Authority's general and other bond resolutions, authorize both segregation of such authority revenues as may at any time
be adjudged by said directors to be surplus to the needs of the Authority to meet its contractual and other obligations and
to provide for its operations or other business purposes, and the equitable redistribution of such segregated surplus revenues
to some or all of the users of the system in accordance with applicable provisions of the state solid waste management plan.
(c) All state funds previously appropriated to and for the use of the Department regarding the Delaware Reclamation Project
are transferred to the Authority for the same purposes.
(d) All federal grant money previously received by and for the use of the Department regarding the Delaware Reclamation Project
are transferred to the Authority for the same purposes.
(e) All contractual rights and obligations heretofore vested in or applying to the Department relating directly to the Delaware
Reclamation Project are transferred to and assumed by the Authority.
(f) [Repealed].
60 Del. Laws, c. 288, § 1; 60 Del. Laws, c. 558, § 5; 61 Del. Laws, c. 132, § 8; 63 Del. Laws, c. 80, § 45; 67 Del. Laws, c. 432, § 5.;
§ 6408. Private contractors.
The Authority may utilize private industry, by contract, to carry out the business, design, operating, management, marketing,
planning and research and development functions of the Authority, or the Authority may determine that it is in the public
interest to adopt another course of action. The Authority is hereby empowered to enter into long-term contracts with persons
for the performance of any such functions of the Authority which, in the opinion of the authority, can desirably and conveniently
be carried out by a person under contract provided any such contract shall contain such terms and conditions as will enable
the Authority to retain overall supervision and control of the business, design, operating, management, transportation, marketing,
planning and research and development functions to be carried out or to be performed by such persons pursuant to such contract.
Such contracts may be entered into either on a negotiated or an open-bid basis, and the Authority in its discretion may select
the type of contract it deems most prudent to utilize, considering the scope of work, the management complexities associated
therewith, the extent of current and future technological development requirements and the best interests of the State. In
exercising the contracting authorities set forth in this section, the Authority shall not give any preference to public versus
private parties. Notwithstanding any provision of § 5103 of Title 25 (Landlord-Tenant Code) to the contrary, with respect
to any long-term contract pursuant to which a private entity owns or operates a solid waste disposal, transfer station and
electric and steam generating facility for the purpose of providing solid waste disposal services to the Authority, Chapters
51 through 70 of Title 25 (Landlord-Tenant Code) shall not determine the legal rights, remedies or obligations of the parties
and beneficiaries to any rental or leasing agreement with respect to such facility.
60 Del. Laws, c. 288, § 1; 61 Del. Laws, c. 132, § 9; 64 Del. Laws, c. 343, § 5(b).;
§ 6409. Covenant with bondholders.
The State covenants and agrees with the holders of any bonds, other securities or obligations or contractual obligations of
the Authority, assumed, issued or incurred by it and as security for which there may or may not be pledged the fees and revenues
of any part thereof of any facility or other project that the State will not, so long as any of such bonds, other obligations
or contractual obligations remain outstanding and unpaid, diminish or impair the power of the Authority to establish, levy
and collect fees and other charges in connection therewith and that the State will not, so long as any of such bonds, other
obligations or contractual obligations remain outstanding and unpaid, terminate the Authority or authorize any other authority
or facility to undertake or assume the functions of the Authority, unless adequate provision shall be made by law for the
protection of those advancing money or providing services with respect to such obligations.
60 Del. Laws, c. 288, § 1; 63 Del. Laws, c. 372, § 6; 64 Del. Laws, c. 343, § 5(b).;
§ 6410. Securities investments.
Notwithstanding the fact that the bonds may be payable from a special fund, if they are otherwise of such form and character
as to be negotiable instruments under the terms of the Uniform Commercial Code, the bonds shall be and are hereby made negotiable
instruments and securities within the meaning of and for all the purposes of the Uniform Commercial Code. All banks, bankers,
trust companies, savings banks, building and loan associations, saving and loan associations, investment companies and other
persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance
business and all administrators, executors, guardians, trustees and other fiduciaries and all other persons whatsoever who
are now or may hereafter be authorized to invest in bonds or other obligations may properly and legally invest any funds,
including capital, belonging to them or within their control; and said obligations are hereby made securities which may properly
and legally be deposited with and shall be received by the Authority for any purpose for which the deposit of bonds or other
obligations is now or may hereafter be authorized.
60 Del. Laws, c. 288, § 1; 61 Del. Laws, c. 132, § 10.;
§ 6411. Tax status.
The powers and functions exercised by the Authority under this chapter and any amendments hereof or supplements hereto are
and will be in all respects for the benefit of the people of the State, and for the protection of their health and welfare.
To this end, the Authority shall be regarded as performing essential governmental functions in exercising such powers and
functions and in carrying out this chapter and of any law relating thereto, and shall not be required to pay any taxes or
assessments of any character, levied either by the State or a political subdivision thereof, upon any of the property used
by it for such purposes, or any income or revenue therefrom, including any profit from a sale or exchange. The bonds or other
securities or obligations issued by the Authority, their transfer and the interest paid thereon or income therefrom, including
any profit from a sale or exchange, shall at all times be free from taxation by State or any subdivision thereof. The Authority
may enter into agreements with any person, other than a municipality, leasing a project from the Authority or operating or
managing the project providing for the making of payments in lieu of taxes to any municipality within which the project is
located of an amount which may be equal to the taxes on real and personal property which such person would have been required
to pay had it been the owner of such property during the period for which such payment is made or such lesser amount as shall
be agreed upon by such person and the Authority.
60 Del. Laws, c. 288, § 1; 61 Del. Laws, c. 132, § 11.;
§ 6412. Judicial review.
Judicial proceedings to review any rule, regulation or other action of the Authority or to determine the meaning or effect
thereof, may be brought in the Superior Court of this State, provided such review is requested within 30 days from the date
of the promulgation of the rule or regulation or other action of the Authority.
60 Del. Laws, c. 288, § 1.;
§ 6413. No pledge of credit; exception.
The Authority shall have no power to pledge the credit or to create any debt or liability of the State, or of any other agency
or of any political subdivision, except that bonds, loan agreements or service agreements, all of which may be supported by
the full faith and credit of a municipality, may be pledged as security for bonds or other obligations of the Authority.
60 Del. Laws, c. 288, § 1; 61 Del. Laws, c. 132, § 12.;
§ 6414. Local cooperation.
All municipalities, political subdivisions and every department, agency or public body of the State is hereby authorized and
empowered to cooperate with, aid and assist the Authority in effectuating this chapter and of any amendment hereof or supplement
hereto, without regard to any law, public or private, or charter, regulating the issuance of debt or other obligations or
governing the issuance of bonds.
60 Del. Laws, c. 288, § 1; 61 Del. Laws, c. 132, § 13.;
§ 6415. Depositaries.
All banks, bankers, trust companies, savings banks and other persons carrying on a banking business under the laws of the
State are authorized to give security for the safekeeping and prompt payment of moneys of the Authority deposited by it with
them, in such manner and form as may be required by and as may be approved by the Authority, which security may consist of
a good and sufficient undertaking with such sureties as may be approved by the Authority, or may consist of the deposit with
the Authority or other depositary approved by the Authority as collateral of such securities as the Authority may approve.
60 Del. Laws, c. 288, § 1.;
§ 6416. Reports and audits.
(a) The Authority shall make annual reports to the Governor, and the General Assembly of the State, setting forth in detail
its operations and transactions, and may make such additional reports from time to time to the Governor and General Assembly
as it may deem desirable.
(b) The Authority shall, at least annually, cause an independent audit of its fiscal affairs to be made and shall furnish
a copy of such audit report together with such additional information or data with respect to its affairs as it may deem desirable
to the Governor and General Assembly of the State.
60 Del. Laws, c. 288, § 1.;
§ 6417. Sanctions.
(a) Any person who violates a regulation or a license condition, or who violates § 6428 of this title, shall be subject to
the following sanctions:
(1) If the violation is of a regulation or license condition promulgated or imposed under §§ 6401-6429 of this title and the
violation has been completed, a civil penalty of not less than $100 and not more than $5,000 shall be assessed. If a violation
continues for a number of days, each day of such violation shall be considered a separate violation. Jurisdiction of lawsuits
under this subsection shall be in any Court of Common Pleas.
(2) If the violation is of a regulation or license condition promulgated or imposed under § 6430 or § 6431 of this title and
the violation has been completed, a civil penalty of not less than $1,000 and not more than $10,000 shall be assessed. If
a violation continues for a number of days, each day of such violation shall be considered a separate violation. Jurisdiction
of lawsuits under this subsection shall be in any Superior Court.
(3) If the violation is continuous, or there is a substantial likelihood that it will reoccur, the Authority may seek a temporary
restraining order, preliminary injunction or permanent injunction in the Court of Chancery.
(b) Any person who violates a regulation or license condition, or who violates § 6428 of this title, shall be subject to revocation
of such license and/or suspension of such license for such period as determined by the Authority and the assessment of an
administrative penalty of not less than $500 and not more than $2,500 for each violation. If a violation continues for a
number of days, each day of such violation shall be considered a separate violation. The procedure to be followed regarding
any revocation or suspension of license and assessment of an administrative penalty shall be as follows:
(1) The Authority shall notify the alleged violator of the alleged violation by registered mail at least 20 days in advance
of the time set for hearing on the violation;
(2) A hearing shall be held on the violation at which time the manager of the Authority shall present evidence in support
of the alleged violation;
(3) The alleged violator may appear personally or by counsel at the hearing and produce any competent evidence in his or her
behalf;
(4) Upon request of the manager or an alleged violator the Chairperson of the Authority shall issue subpoenae requiring the
testimony of witnesses and production of books, records or other documents relevant to any matter involved in such hearing.
In case of contumacy or refusal to obey a subpoena issued under this paragraph, the Superior Court in the county in which
the hearing is held shall have jurisdiction upon application of the Chairperson to issue an order requiring such person to
appear and testify or produce books, records or other documents requested;
(5) All testimony at the hearing shall be taken under oath. The Chairperson shall administer oaths and all directors shall
be entitled to examine witnesses. A verbatim transcript of testimony at the hearing shall be prepared and shall, along with
the exhibits introduced into evidence, constitute the record;
(6) Decisions regarding revocation or suspension of a license or assessment of an administrative penalty shall be made by
majority vote of directors constituting the quorum. In the event the directors render a decision revoking or suspending a
license or assessing an administrative penalty the Chairperson shall make findings of fact based on the record supporting
the decision, and state the reasons for rendering the decision. Any director who takes exception to the decision may submit
a dissenting opinion which shall set forth the reasons for such exception. Dissenting opinions shall be attached to and constitute
a part of the decision of the Authority. Deliberations on decisions regarding revocations or suspensions of licenses or assessments
of administrative penalties shall be held in executive sessions which shall be closed to the public. In the event a decision
is rendered revoking or suspending a license, the Authority may impose conditions for reapplication for a license or for continued
operation of the violator under the license;
(7) The Authority shall notify the alleged violator by registered mail of any decision reached under this subsection;
(8) In the event of nonpayment of the administrative penalty after all legal appeals have been exhausted, a civil action may
be brought by the Authority through its legal counsel in Superior Court for collection of the administrative penalty, including
interest, attorney's fees and costs, and the validity, amount and appropriateness of such administrative penalty shall not
be subject to review.
(c) Any person whose license is revoked or suspended or who is assessed an administrative penalty may appeal the decision
of the Authority to the Superior Court in and for the county in which the hearing was held. Such appeals shall be made within
30 days of the date of receipt of notification of the Authority's decision. Appeals shall be on the record. If the Court
finds that additional evidence should be taken, the Court may remand the matter to the Authority for completion of the record.
No appeal shall operate to stay automatically any decision of the Authority, but upon application and for good cause, the
Authority or the Superior Court may stay the decision pending disposition of the appeal.
(d) The Authority, through its legal counsel, shall be entitled to take direct legal action pursuant to subsection (a) of
this section without resort to conciliation or administrative remedies. The Authority may delegate to its manager the authority
to file suit on behalf of the Authority.
60 Del. Laws, c. 558, § 7; 65 Del. Laws, c. 344, § 3; 67 Del. Laws, c. 136, §§ 5-7; 70 Del. Laws, c. 186, § 1.;
§ 6418. Bonds of Authority.
(a) The Authority shall have the power and is hereby authorized from time to time to issue its negotiable bonds for any of
its corporate purposes, including incidental expenses in connection therewith, and to secure the payment of the same by a
lien or pledge covering all or part of its property, contracts, earnings or revenues. The Authority shall have power, from
time to time whenever it deems refunding expedient, to refund any bonds by the issuance of new bonds, whether the bonds to
be refunded have or have not matured, or be subject to redemption, and may issue bonds partly to refund bonds then outstanding
and partly for any of its corporate purposes. Refunding bonds may be issued in amounts sufficient to provide:
(1) The principal amount of the obligations being refunded;
(2) Any applicable redemption premiums thereon;
(3) Unpaid interest on such obligations to the date of delivery of the refunding bonds, and interest to accrue on such obligations
being refunded from the date of delivery of the refunding bonds to the first or any subsequently available redemption date
or dates selected by the Authority; and
(4) Any expenses, including bond discount, deemed by the Authority to be necessary for the issuance of the refunding bonds.
The proceeds of the sale of any refunding bonds shall be applied as follows, either: (1) To the immediate payment and retirement
of the obligations being refunded; or (2) if not required for the immediate payment of the obligations being refunded, such
proceeds shall be deposited in trust to provide for the payment and retirement of the obligations being refunded, but provisions
may be made for the pledging and disposition of any amount in excess of the amounts required for such purposes, including,
without limitation, provision for the pledging of any such excess amounts to the payment of the principal of and interest
on any portion of such refunding bonds or series of such refunding bonds issued for the purpose of providing amounts in addition
to the principal amount and premium payable with respect to the outstanding obligations to be refunded.
(b) The bonds shall be authorized by resolution of the Authority and shall bear such date or dates, mature at such time or
times not exceeding 40 years from their respective dates, bear interest at a rate or rates per annum as may be determined
by the Authority, be in such denominations, be in such form either coupon or registered, carry such registration privileges,
be executed in such manner, be payable in lawful money of the United States of America, at such place or places and be subject
to such terms of redemption, as such resolution or resolutions may provide. Bonds of the Authority shall be sold either at
public or private sale at such place and interest rates as may be determined by the Authority.
(c) Any resolution or resolutions authorizing any bonds or any trust indenture securing any issue of bonds may contain provisions,
which shall be a part of the contract with the holders of the bonds thereby authorized, as to:
(1) Pledging all or any part of the moneys, earnings, income and revenues derived from all or any part of the properties of
the Authority to secure the payment of the bonds or of any issue of the bonds subject to such agreements with bondholders
as may then exist;
(2) The rates, rentals, fees and other charges to be fixed and collected and the amounts to be raised in each year thereby,
and the use and disposition of the earnings and other revenues;
(3) The setting aside of reserves and the creation of sinking funds and the regulation and disposition thereof;
(4) Limitations on the right of the Authority to restrict and regulate the use of the properties in connection with which
such bonds are issued;
(5) Limitations on the purposes to which and the manner in which the proceeds of sale of any issue of bonds may be applied;
(6) Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, the
refunding of outstanding or other bonds;
(7) The procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of
bonds the holders of which must consent thereto and the manner in which such consent may be given;
(8) The creation of special funds into which any earnings or revenues of the Authority may be deposited;
(9) The terms and provisions of any mortgage or trust deed or indenture securing the bonds or under which bonds may be issued;
(10) Vesting in a trustee or trustees such properties, rights, powers and duties in trust as the Authority may determine which
may include any or all of the rights, powers and duties of the trustee appointed by the bondholders pursuant to § 6419 of
this title, and limiting or abrogating the right of the bondholders to appoint a trustee under such section or limiting the
rights, duties and powers of such trustee;
(11) Defining the acts or omissions to act which shall constitute a default in the obligations and duties of the Authority
to the bondholders and providing the rights and remedies of the bondholders in the event of such default, including as a matter
of right the appointment of a receiver; provided, however, that such rights and remedies shall not be inconsistent with the
general laws of this State and other provisions of this chapter;
(12) Limitations on the power of the Authority to sell or otherwise dispose of its properties;
(13) Any other matters, of like or different character, which in any way affect the security or protection of the bonds;
(14) Limitations on the amount of moneys derived from the properties to be expended for operating, administrative or other
expenses of the Authority;
(15) The protection and enforcement of the rights and remedies of the bondholders;
(16) The obligations of the Authority in relation to the construction, maintenance, operation, repairs and insurance of the
properties, the safeguarding and application of all moneys and as to the requirements for the supervision and approval of
consulting engineers in connection with construction, reconstruction and operation;
(17) The payment of the proceeds of bonds and revenues of the properties to a trustee or other depository, and for the method
of disbursement thereof with such safeguards and restrictions as the Authority may determine;
(18) Any other matter or course of conduct which by recital in the resolution or resolutions is declared to further secure
the payment of the principal of or interest on the bonds.
(d) It is the intention of the General Assembly that any pledge of earnings, revenues or other moneys made by the Authority
shall be valid and binding from the time when the pledge is made; that the earnings, revenues or other moneys so pledged and
thereafter received by the Authority shall immediately be subject to the lien of such pledge without any physical delivery
thereof or further act; and that the lien of any such pledge shall be valid and binding as against all parties having claims
of any kind in tort, contract or otherwise ag
(a) Findings. -- The General Assembly finds and declares:
(1) That the people of the State have the right to a clean and wholesome environment;
(2) That prevailing solid waste disposal practices generally, throughout the State, result in unnecessary environmental damage,
substantially degrade surface and groundwater, waste valuable land and other resources and constitute a continuing hazard
to the health and welfare of the people of the State;
(3) That local governments responsible for waste disposal services are becoming hard pressed to provide adequate services
at reasonable costs, without damage or hazard to the environment and the loss of useful resources;
(4) That as a result of inadequate solid waste collection and disposal systems rural areas of the State are particularly subjected
to esthetic degradation because of litter;
(5) That locally organized voluntary recycling programs have shown that solid wastes produced in the State contain recoverable
resources;
(6) That technology and methods now exist to dispose of solid wastes and recover resources with commensurate environmental
benefits;
(7) That coordinated large-scale processing of solid wastes may be necessary in order to achieve maximum environmental and
economic benefits for the people of the State;
(8) That the amounts of solid waste being produced within the State are adequate to sustain such large-scale processing;
(9) That the geography and population density of the State are such as to enable and facilitate the effective and economic
regional accumulation of solid wastes;
(10) That the development of systems and facilities and the use of the technology necessary to initiate large-scale processing
of solid wastes have become logical and necessary functions to be assumed by state government;
(11) That the provision of solid waste disposal services to local governments at reasonable cost, through the use of state
governmental powers and capabilities, would supply valuable assistance to such local governments; and
(12) That, because of the foregoing, the provision of statutory authorization for the necessary state structure, which can
take initiative and appropriate action to provide the necessary systems, facilities, technology and services for solid waste
management and resources recovery is a matter of important public interest and that it is the purpose and intent of the General
Assembly to be and remain cognizant not only of its responsibility to authorize and establish accomplishment of solid waste
management and resources recovery, but also of its responsibility to monitor and supervise the activities and operations of
the state Authority created by this chapter, and the exercise of the powers conferred upon such Authority by virtue of this
chapter.
(b) Policy. -- The General Assembly declares the following to be the policies of the State:
(1) That maximum resources recovery from solid waste and maximum recycling and reuse of such resources in order to protect,
preserve and enhance the environment of the State shall be considered environmental goals of the State;
(2) That solid waste disposal and resources recovery facilities and projects are to be implemented either by the State or
under state auspices, in furtherance of these goals;
(3) That appropriate governmental structure, processes and support are to be provided so that effective state systems and
facilities for solid waste management and large-scale resources recovery may be developed, financed, planned, designed, constructed
and operated for the benefit of the people, municipalities and counties of the State;
(4) That private industry is to be utilized to the maximum extent feasible to perform planning, design, management, collection,
construction, operation, manufacturing and marketing functions related to solid waste disposal and resources recovery, and
to assist in the development of industrial enterprises based upon resources recovery, recycling and reuse;
(5) That long-term negotiated contracts between the State and persons and business entities may be utilized as an incentive
for the development of industrial and commercial enterprise based on resources recovery within the State;
(6) That solid waste collection and disposal services shall be provided for municipal and regional authorities and persons
in the State, at reasonable cost, by state systems and facilities where such services are considered necessary and desirable
in accordance with the statewide solid waste management plan and that any revenues received from the payment of the costs
of such services otherwise from the operation of state systems and facilities shall be redistributed to the users of such
services provided that the Authority has determined that all contractual obligations related to such systems and facilities
have been met and that such revenues are surplus and not needed to provide necessary support for such systems and facilities;
(7) That provision shall be made for planning, research and development, and appropriate innovation in the design, management
and operation of the State's systems and facilities for solid waste management, in order to permit continuing improvement
and provide adequate incentives and processes for lowering operation and other costs;
(8) That the Authority established pursuant to this chapter shall have responsibility for implementing solid waste disposal
and resources recovery systems and facilities and solid waste management services where necessary and desirable throughout
the State in accordance with a state solid waste management plan and applicable statutes and regulations;
(9) That infectious waste be disposed of by the Authority on a statewide basis in accordance with applicable statutes, regulations
and inspection procedures approved by the Department of Health and Social Services and issued by the Department of Natural
Resources and Environmental Control to assure adequate and proper disposal in a manner to protect the public health and welfare;
(10) That actions and activities performed or carried out by the Authority or its contractors in accordance with this chapter
shall be in conformity with the state solid waste management plan;
(11) That these policies and purposes are hereby declared to be in the public interest and this chapter to be necessary and
for the public benefit, as a matter of legislative determination.
(c) Purpose. -- The General Assembly declares the following to be the purpose of this chapter:
(1) That a statewide comprehensive program for management, storage, collection, transportation, utilization, processing and
disposal of solid waste be established.
(2) That a program for the maximum recovery and reuse of materials and energy resources derived from solid wastes be established.
(3) That a program for protecting the land, air, surface and groundwater resources of the State from depletion and degradation
caused by improper disposal of solid waste be established.
(4) That a program in cooperation with the United States Environmental Protection Agency, or other federal and state agencies,
for the demonstration of systems and techniques of materials recovery, market development and reuse be established.
(5) That a statewide program for disposal of infectious waste, giving special attention to the management and operation of
an infectious waste facility, be established.
(6) That a statewide solid waste management plan be developed and implemented by the Authority.
60 Del. Laws, c. 288, § 1; 67 Del. Laws, c. 136, §§ 1, 2.;
§ 6402. Definitions.
The following terms shall have the meanings ascribed to them in this chapter:
(1) "Authority" means the Delaware Solid Waste Authority.
(2) "Department" means the Department of Natural Resources and Environmental Control.
(3) "Facility" means any solid waste disposal site, system or process and the operation thereof, including but not limited
to personnel, equipment and buildings.
(4) "Groundwater" means any water naturally found under the surface of the earth.
(5) "Person" means any individual, partnership, corporation, association, institution, cooperative enterprise, municipality,
commission, political subdivision or other duly established legal entity.
(6) "Resources recovery" means the recovery of energy and materials from solid wastes in a saleable form which will allow
their reuse in specific market applications.
(7) "Resources recovery systems" means systems specifically designed for recycling solid wastes into energy and materials.
(8) "Revenues" means all revenues to the Authority including but not limited to those generated through user charges and the
sale of recycling products through resources recovery systems and facilities.
(9) "Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution
control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting
from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid
or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges
which are point sources subject to permits under § 402 of the Federal Water Pollution Control Act, as amended (86 Stat. 880)
[33 U.S.C. § 1342], or source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended
(68 Stat. 923) [42 U.S.C. § 2014].
(10) "Solid waste management services" means services including but not limited to the collection, transportation, storage,
transfer, processing, recycling or disposal of solid wastes.
(11) "Surface water" means water occurring generally on the surface of the earth.
(12) "Users" means any person who delivers and/or deposits solid waste at a facility for subsequent processing, disposal or
recycling.
(13) "Volume reduction" means a system or process for physically or chemically reducing the volume of solid wastes.
(14) "Municipality" or "municipalities" means a county, city, town or other public body of the State.
(15) "Costs" means the cost or fair market value or value, as determined by the Authority, of construction, real property,
property rights, utility extensions, disposal facilities, access roads, easements, franchises, financing charges, interest,
labor, materials, machinery and equipment, engineering and legal services, plans, specifications, surveys, cost estimates,
studies, transportation and other expenses necessary or incidental to the design, development, construction, financing, management
and operation and maintenance of a waste management project, and such other costs or expenses of the Authority as may be necessary
or incidental to the purposes of the Authority, including administrative and operating costs, research and development and
operating capital, including fees, charges, loans, insurance and the expense of purchasing real and personal property, including
waste management projects.
(16) "Industrial solid waste" means solid waste produced by or resulting from industrial applications, processes or operations.
(17) "Infectious waste" means those wastes which may cause human disease and may reasonably be suspected of harboring human
pathogenic organisms, or may pose a substantial present or potential hazard to human health or the environment when improperly
treated, stored, transported, disposed of or otherwise managed. Types of wastes designated as infectious include, but are
not necessarily limited to, the following:
a. Biological wastes which shall include, but not be limited to:
1. "Biological liquid wastes" which shall mean blood and blood products, excretions, exudates, secretions, suctionings and
other body fluids including liquid wastes from renal dialysis.
2. "Pathological wastes" which shall mean all human tissues and anatomical remains, including human fetal remains, which emanate
from surgery, obstetrical procedures, autopsy and laboratory procedures.
3. "Cultures and stocks of etiologic agents and associated biological wastes" which shall mean, but is not limited to, specimen
cultures, cultures and stocks of etiologic agents and wastes from production of biologicals and serums.
4. "Laboratory wastes" which shall mean those wastes which have come in contact with pathogenic organisms and blood or body
fluids. Such wastes include, but are not limited to, disposable materials, culture dishes, devices used to transfer, inoculate
and mix cultures, paper and cloth which have come in contact with specimens or cultures which have not been sterilized or
rendered noninfectious; or laboratory wastes, including cultures of etiologic agents, which pose a substantial threat to health
due to their volume and virulence.
5. Animal tissue, bedding and other waste from animals known or suspected to be infected with a pathogen which also causes
human disease, provided that prevailing evidence indicates that such tissue, bedding or other waste may act as a vehicle of
transmission to humans.
6. Human dialysis waste materials including blood lines and dialysate membranes.
b. "Sharps" which shall mean any discarded article that may cause puncture or cuts. Such wastes include but are not limited
to, needles, intravenous (IV) tubing with needles attached, scalpel blades, glassware and syringes that have been removed
from their original sterile containers.
c. "Discarded biologicals" which shall mean serums and vaccines produced by pharmaceutical companies for human or veterinary
use. These products may be discarded because of a bad manufacturing lot (i.e., off-specification material that does not pass
quality control or that is recalled), out-dating or removal of the product from the market or other reasons. Because of the
possible presence of etiologic agents in these products, the discarded material constitutes infectious waste.
d. "Other infectious wastes" which shall mean any residue or contaminated soil, water or other debris resulting from the cleanup
of a spill of any infectious waste.
(18) "Infectious waste generator" means hospitals, inpatient or outpatient clinics, laboratories, medical offices, dental
offices, nursing homes and inpatient residential facilities serving persons with diseases which may be transmitted through
contact with infectious wastes as well as veterinarian facilities and research laboratories operating within the State.
60 Del. Laws, c. 288, § 1; 60 Del. Laws, c. 558, § 6; 61 Del. Laws, c. 132, §§ 1, 2; 63 Del. Laws, c. 372, § 2; 67 Del. Laws, c. 136, §§ 3, 4.;
§ 6403. Establishment, composition, etc., of Authority.
(a) There is hereby established and created a statewide solid waste authority, a body politic and corporate constituting a
public instrumentality of the State established and created for the performance of an essential public and governmental function,
to be known as the Delaware Solid Waste Authority. The Authority shall consist of 7 directors, all of whom shall be residents
of and qualified to vote in the State. The Governor shall appoint the directors with the advice and consent of the Senate.
The Governor shall designate a director as chairperson, and such director shall serve at the pleasure of the Governor. There
shall be at least 1 director from each of 3 counties and the City of Wilmington. Authority directors registered in either
major political party shall not exceed the other major political party by more than 1. The terms of the original directors,
excluding the chairperson, shall be as follows: Two directors shall serve for 1 year; 2 directors shall serve for 2 years;
and 2 directors shall serve for 3 years. Upon the expiration of the terms of the original directors, excluding the chairperson,
the term of each director appointed thereafter shall be 3 years.
(b) In the event of the death of a director, permanent disability of a director, resignation of a director or failure of a
director to perform his or her duties, the Governor shall appoint an interim director to serve for a period not to exceed
6 months, unless such interim director shall be confirmed by the Senate, in which case the interim director shall complete
the term of the replaced director. If an interim director is not confirmed by the Senate within 6 months of the date of appointment,
the position of director shall remain vacant until such time that an interim director is confirmed by the Senate, or a director
is selected to serve a new term. Except as otherwise set forth herein the appointment of interim directors shall be subject
to all other requirements regarding appointments of directors.
(c) For purposes of conducting business of the Authority, 5 directors shall constitute a quorum. A majority vote of members
constituting the quorum shall be required for action on any matter before the Authority. All votes on matters before the Authority
shall be conducted at meetings open to the public, and such meetings shall be timely noticed through statewide newspaper advertisement.
Nothing herein shall prevent the directors of the Authority from meeting at executive sessions which are closed to the public
for purposes of discussing Authority matters.
(d) Each director shall be entitled to reimbursement for actual and necessary expenses incurred during the performance of
official duties.
(e) The Authority may delegate to 1 or more of its directors, the manager, or its agents, such powers and duties as it may
deem necessary and proper in conformity with this chapter.
(f) The chairperson shall, with the approval of the directors, select a manager of the Authority who shall be an employee
of the Authority.
(g) Subject to § 6409 of this title, the Authority shall continue until its existence shall be terminated by law, in which
case all of its rights and properties shall pass to and be vested in the State.
(h) The Authority may adopt procedural rules to implement this section.
(i) The Authority may, after notice and public hearing, adopt rules and regulations governing the use and/or operation of
facilities under its jurisdiction and control.
(j) The Authority shall, after notice and public hearing, adopt a statewide solid waste management plan, and amend such plan
as necessary.
(k) The Authority may, after notice and public hearing, adopt fee schedules, user charges and/or other charges for the use
and/or operation of facilities under its jurisdiction and control.
(l) The Authority may, after notice and public hearing, adopt rules and regulations to effectuate the powers, policies, purposes
and functions set forth in this chapter.
(m) The Authority may, after notice and public hearing, adopt rules and regulations governing the composition, quality, quantity
and delivery of source separated recyclable materials to recycling centers.
60 Del. Laws, c. 288, § 1; 60 Del. Laws, c. 558, §§ 1-3; 61 Del. Laws, c. 132, §§ 3, 4; 64 Del. Laws, c. 343, § 5(a); 67 Del. Laws, c. 432, § 2; 70 Del. Laws, c. 186, § 1.;
§ 6404. Functions of Authority.
The functions of the Authority shall include, but not be limited to the following:
(1) The planning, design, construction, financing, management, ownership, operation and maintenance of solid waste disposal,
volume reduction and resources recovery facilities and all related solid waste reception, transfer, storage, transportation
and wastehandling and general support facilities considered by the Authority to be necessary, desirable, convenient or appropriate
in carrying out the statewide solid waste management plan and in establishing, managing and operating solid waste disposal
and resources recovery systems and their component waste-processing facilities and equipment;
(2) The provision of solid waste management services to municipalities, regions and persons within the State by receiving
solid wastes at Authority facilities, pursuant to contracts between the Authority and such agencies, municipalities, persons,
regions and business entities; the recovery of material and energy resources and resource values from such solid wastes; and
the production from such services and resources recovery operations of revenues sufficient to provide for the support of the
Authority and its operations on a self-sustaining basis, with due allowance for the redistribution of any surplus revenues
to reduce the costs of Authority services to the users thereof;
(3) The utilization, through contractual arrangements, of private industry for implementation of some or all of the requirements
of the state solid waste management plan and for such other activities as may be considered necessary, desirable or convenient
by the Authority;
(4) Assistance with the coordination of efforts directed toward source separation for recycling purposes;
(5) Assistance in the development of industries and commercial enterprises within the State based upon resources recovery,
recycling and reuse. These objectives shall be considered to be operating responsibilities of the Authority, in accordance
with the state solid waste management plan, and are to be considered in all respects public purposes. It is the intention
of this chapter that the Authority shall be granted all powers necessary to fulfill these purposes and to carry out its assigned
responsibilities and that this chapter, itself, is to be construed liberally in furtherance of this intention; and
(6) The development, implementation and supervision of a program requiring all persons who haul, convey or transport any solid
waste in any container to obtain a license from the Authority. The Authority may enter into an administrative agreement with
any county, municipality or other political subdivision under which agreement the licensing program referenced herein may
be conducted by the county, municipality or other political subdivision pursuant to such rules and regulations adopted by
the Authority which are applicable to the licensing program.
60 Del. Laws, c. 288, § 1; 61 Del. Laws, c. 132, § 5.;
§ 6405. Manager and staff.
(a) The manager of the Authority shall be a resident of the State, a registered professional engineer in the State and have
obtained at least a masters degree in either civil, mechanical or chemical engineering from an accredited college or university.
The manager shall have at least 10 years' engineering experience including at least 3 years experience in the field of solid
waste management.
(b) The manager shall be a member and chief executive of the staff Authority.
(c) All members of the staff shall be employees of the Authority and, except for the manager, the manager's chief administrative
aide and engineers who have graduated from an engineering curriculum of 4 years or more, be covered by the state merit system
as classified employees.
(d) The manager shall be responsible for developing and recommending an organizational structure for implementing the functions
undertaken by the Authority. The manager shall be responsible for recommending to the Authority persons to be hired as staff
members. The Authority shall approve all hirings and organizational structures.
(e) All members of the staff shall be included under and subject to Chapter 55 of Title 29.
60 Del. Laws, c. 288, § 1; 60 Del. Laws, c. 558, § 4; 63 Del. Laws, c. 372, §§ 3, 4; 70 Del. Laws, c. 186, § 1.;
§ 6406. Powers of Authority.
(a) The Authority shall have the power to:
(1) Approve and adopt an organizational structure to implement this chapter.
(2) Employ a staff to carry out the functions of the Authority.
(3) Establish offices where necessary in the State.
(4) Retain by contract legal counsel, auditors, engineers, private consultants, advisors or other contractual services required
by the Authority.
(5) Sue and be sued.
(6) Have a seal and alter it at pleasure.
(7) Conduct such hearings, examinations and investigations as may be necessary and appropriate to the conduct of its operations
and the fulfillment of its responsibilities.
(8) To procure and keep in force adequate insurance or otherwise provide for the adequate protection of its property, as well
as to indemnify and save harmless it and its officers, agents or employees against loss or liability with respect to any risk
to which it or they may be exposed in carrying out any function of the Authority.
(9) To design, construct, own and operate facilities.
(10) Obtain access to public records and apply for the process of subpoena if necessary to produce books, papers, records
and other data.
(11) Charge reasonable fees for services it performs and waive, suspend, reduce or otherwise modify such fees when it is deemed
appropriate to do so.
(12) Purchase, manage, lease or rent such real and personal property as it may deem necessary, convenient or desirable.
(13) Otherwise, do all things necessary for the performance of its duties, the fulfillment of its obligations, the conduct
of its operations and the conduct of a comprehensive program for solid waste disposal and resources recovery, and for solid
waste management services, in accordance with the state solid waste management plan, applicable statutes and regulations and
the requirements of this chapter.
(14) Assume through contract or otherwise, any existing contract, grant or property right, or interest held by any person,
partnership, corporation, municipality, county, state agency, federal agency or other legal entity, pertaining to solid waste
storage, collection, transportation, treatment, processing, disposal, recycling, reuse or any other use.
(15) Determine the location and character of any project to be developed under this chapter, subject to the requirements of
the statewide solid waste management plan, including the location of recycling centers, without the need to obtain land use
approval.
(16) Purchase, receive by gift or otherwise, lease, exchange or otherwise acquire and construct, reconstruct, improve, maintain,
equip and furnish such waste management projects as are called for by the state solid waste management plan.
(17) Sell or lease to any person, all or any portion of a waste management project, for such consideration and upon such terms
as the Authority may determine to be reasonable.
(18) Mortgage or otherwise encumber all or any portion of a project whenever, in the opinion of the Authority, such action
is deemed to be in furtherance of the purposes of this chapter.
(19) Grant options to purchase, or to renew a lease for, any Authority waste management project on such terms as the Authority
may determine to be reasonable.
(20) Acquire, by purchase, gift, transfer or by condemnation for public purposes, and manage and operate, hold and dispose
of real property and, subject to agreements with lessors or lessees, develop or alter such property by making improvements
and betterments with the purpose of enhancing the value and the usefulness of such property.
(21) Make plans, surveys, studies and investigations necessary or desirable, in conformity with the state plan and with due
consideration for local or regional plans, to carry out authority functions with respect to the acquisition, use and development
of real property and the design and construction of systems and facilities.
(22) Make short and long range plans, consistent with the state solid waste management plan, for the storage, collection,
transportation or processing and disposal of solid wastes and recovered resources by the authority-owned facilities.
(23) Design or provide for the design of solid waste management facilities including design for the alteration, reconstruction,
improvement, enlargement or extension of existing facilities.
(24) Construct, erect, build, acquire, alter, reconstruct, improve, enlarge or extend waste management projects including
provision for the inspection and supervision thereof and the engineering, architectural, legal, fiscal and economic investigations
and studies, surveys, designs, plans, working drawings, specifications, procedures and any other actions incidental thereto.
(25) Own, operate and maintain solid waste management projects and make provision for their management and for the manufacturing,
processing and transportation operations necessary to derive recovered resources from solid waste, and contracting for the
sale of such.
(26) Enter upon lands and waters, as may be necessary, to make surveys, soundings, borings and examinations in order to accomplish
the purposes of this chapter.
(27) Contract with municipal, county and regional authorities, state agencies and persons to provide waste management services
in accordance with this chapter and to plan, design, construct, manage, operate and maintain solid waste disposal and processing
facilities on their behalf.
(28) Design and construct improvements or alterations on properties which it owns or which it operates by contract on behalf
of municipal or regional authorities.
(29) Contract for services in the performance of architectural and engineering design, the supervision of design and construction,
system management and facility management, for such professional or technical services as are required, and for such other
professional or technical services as may require either prequalification of a contractor or the submission by any person,
firm or consortium or association of persons or firms of a proposal in response to an official request for proposal or similar
written communication of the Authority, whenever such services are, in the discretion of the Authority, deemed necessary,
desirable or convenient in carrying out the purposes of the Authority.
(30) Contract for the construction of solid waste facilities with individuals or firms, or consortiums of such individuals
or firms, pursuant to applicable provisions of this chapter, the requirements of applicable regulations and the state plan
and in accordance with such specifications, terms and conditions as the Authority may deem necessary or advisable.
(31) Control, through regulation or otherwise, the collection, transportation, storage and disposal of solid waste, including
the diversion of solid waste within specified geographic areas to facilities owned, operated or controlled by the Authority;
provided, however, that such power shall not extend to the collection, transportation, transfer and storage of hazardous wastes
as defined in subdivision (7) of § 6302 of this title, except to the extent that the Authority engages in activities authorized
under § 6452(8) of this title.
(32) Issue bonds or notes in anticipation of the issuance of bonds, or otherwise, to finance any of the purposes of this chapter,
lend the proceeds of such obligations to any person to effectuate any of the purposes of this chapter, contract with any person
in any manner deemed advisable by the Authority to secure the payment of such obligations and to pledge such contracts as
security for the payment of such obligations.
(b) Any contract for construction valued at over $25,000 shall be let by the Authority pursuant to the process of open or
competitive bidding, provided, the Authority shall have power to determine the format, contents and scope of any contract
for a solid waste management project, the conditions under which bidding shall take place and the schedule and stipulations
for a contract award. The Authority shall also have power to select the contractor deemed to have submitted the most responsive
bid, price and other factors considered, when, in the judgment of the Authority, such award is in the best interests of the
State. The Authority may in its discretion negotiate and enter into a contract or contracts with a single source when it is
desirable to do so.
60 Del. Laws, c. 288, § 1; 61 Del. Laws, c. 132, §§ 6, 7; 63 Del. Laws, c. 372, § 5; 67 Del. Laws, c. 432, §§ 3, 4.;
§ 6407. Funds and transfers of interests.
(a) The Authority shall have the power to:
(1) Accept gifts, grants or loans of funds, property or service from any source, public or private, and comply, subject to
this chapter, with the terms and conditions thereof;
(2) Receive funds from the sale of general bonds, revenue bonds or other obligations of municipal, county or regional authorities
and from the sale of general bonds, revenue bonds or other obligations of the Authority;
(3) Receive funds or revenues from the sale of products, materials, fuels and energy in any form derived from the processing
of solid waste by systems, facilities and equipment under its jurisdiction, and receive revenues in the form of rents, user
fees, user charges, licensing fees and other charges paid by units or agencies of state and local government, and by persons
and organizations, to compensate the Authority for the use of its facilities or the performance of its services;
(4) Apply for and accept from a federal agency loans or grants for use in carrying out its purposes and enter into agreements
with such agency respecting any such loans or grants;
(5) Make loans to any municipal or regional authority or to any person for the planning, design, acquisition, construction,
reconstruction, improvement, equipping and furnishing of a solid waste management project, which loans shall be secured by
loan agreements, contracts or any other instruments or agreements with respect to the use of fees and charges, upon such terms
and conditions as the Authority shall determine reasonable in connection with such loans, including provisions for the establishment
and maintenance of reserve funds, and in the exercise of powers granted in this section in connection with the project for
any such municipal or regional authority or person, to require the inclusion in any contract, loan agreement or other instrument,
of such provisions for the construction, use, operation and maintenance and payment of operating and other costs of a project
as the Authority may deem necessary or desirable and, in connection with the making of such loans, the Authority may purchase,
acquire and take assignments and the notes and bonds of municipal or regional authorities and persons and receive other forms
of security and evidences of indebtedness, and in furtherance of the purposes of this chapter and to assure the payment of
the principal and interest of such loans, and in order to assure the payment of the principal and interest on bonds or notes
of the Authority issued to provide funding for such loans, may attach, seize, purchase, acquire, accept or take title to any
project by conveyance, and may sell, lease or rent any such project for a use specified in this chapter. Any municipality
is hereby authorized to issue general obligation bonds, to which the full faith and credit of such municipality are pledged,
to the Authority in an amount determined by such municipality without regard to any debt or other limit provided in any charter,
special act or general act pertaining to such municipality. Such bonds may be issued and delivered upon negotiation with the
Authority and the consideration therefor may be the provision by the Authority of solid waste and disposal resources recovery
facilities for the use and benefit of such municipality. Such bonds may be pledged by the Authority as security for bonds
issued by the Authority to provide such facilities for the benefit of such municipalities. Any municipality shall also have
the power to unconditionally guarantee the punctual payment of the principal of and interest on any bonds of the Authority,
including the satisfaction of mandatory sinking fund requirements as provided in any resolution, trust indenture or other
documents securing such bonds. Any guarantee of bonds of the Authority made pursuant to this section shall be evidenced by
endorsement thereof on such bonds executed in the name of the municipality and on its behalf by such officer thereof as may
be designated in the resolution authorizing such guarantee, and such municipality shall thereupon and thereafter be obligated
to pay the principal of and interest on said bonds in the same manner and to the same extent as in the case of bonds issued
by it. The obligations imposed by such guarantee shall not be subject to any limitation respecting the incurrence of debt
or the issuance of obligations of such municipality contained in any charter, special act or general act;
(6) Establish payment schedules and make payments for the delivery of source separated recyclable materials to recycling centers,
and create, through funding, incentives for the delivery of source separated recyclable materials to recycling centers by
community groups under programs authorized by the Authority.
(b) The directors of the Authority may by resolution, in accordance with the provisions and stipulations of this chapter and
the Authority's general and other bond resolutions, authorize both segregation of such authority revenues as may at any time
be adjudged by said directors to be surplus to the needs of the Authority to meet its contractual and other obligations and
to provide for its operations or other business purposes, and the equitable redistribution of such segregated surplus revenues
to some or all of the users of the system in accordance with applicable provisions of the state solid waste management plan.
(c) All state funds previously appropriated to and for the use of the Department regarding the Delaware Reclamation Project
are transferred to the Authority for the same purposes.
(d) All federal grant money previously received by and for the use of the Department regarding the Delaware Reclamation Project
are transferred to the Authority for the same purposes.
(e) All contractual rights and obligations heretofore vested in or applying to the Department relating directly to the Delaware
Reclamation Project are transferred to and assumed by the Authority.
(f) [Repealed].
60 Del. Laws, c. 288, § 1; 60 Del. Laws, c. 558, § 5; 61 Del. Laws, c. 132, § 8; 63 Del. Laws, c. 80, § 45; 67 Del. Laws, c. 432, § 5.;
§ 6408. Private contractors.
The Authority may utilize private industry, by contract, to carry out the business, design, operating, management, marketing,
planning and research and development functions of the Authority, or the Authority may determine that it is in the public
interest to adopt another course of action. The Authority is hereby empowered to enter into long-term contracts with persons
for the performance of any such functions of the Authority which, in the opinion of the authority, can desirably and conveniently
be carried out by a person under contract provided any such contract shall contain such terms and conditions as will enable
the Authority to retain overall supervision and control of the business, design, operating, management, transportation, marketing,
planning and research and development functions to be carried out or to be performed by such persons pursuant to such contract.
Such contracts may be entered into either on a negotiated or an open-bid basis, and the Authority in its discretion may select
the type of contract it deems most prudent to utilize, considering the scope of work, the management complexities associated
therewith, the extent of current and future technological development requirements and the best interests of the State. In
exercising the contracting authorities set forth in this section, the Authority shall not give any preference to public versus
private parties. Notwithstanding any provision of § 5103 of Title 25 (Landlord-Tenant Code) to the contrary, with respect
to any long-term contract pursuant to which a private entity owns or operates a solid waste disposal, transfer station and
electric and steam generating facility for the purpose of providing solid waste disposal services to the Authority, Chapters
51 through 70 of Title 25 (Landlord-Tenant Code) shall not determine the legal rights, remedies or obligations of the parties
and beneficiaries to any rental or leasing agreement with respect to such facility.
60 Del. Laws, c. 288, § 1; 61 Del. Laws, c. 132, § 9; 64 Del. Laws, c. 343, § 5(b).;
§ 6409. Covenant with bondholders.
The State covenants and agrees with the holders of any bonds, other securities or obligations or contractual obligations of
the Authority, assumed, issued or incurred by it and as security for which there may or may not be pledged the fees and revenues
of any part thereof of any facility or other project that the State will not, so long as any of such bonds, other obligations
or contractual obligations remain outstanding and unpaid, diminish or impair the power of the Authority to establish, levy
and collect fees and other charges in connection therewith and that the State will not, so long as any of such bonds, other
obligations or contractual obligations remain outstanding and unpaid, terminate the Authority or authorize any other authority
or facility to undertake or assume the functions of the Authority, unless adequate provision shall be made by law for the
protection of those advancing money or providing services with respect to such obligations.
60 Del. Laws, c. 288, § 1; 63 Del. Laws, c. 372, § 6; 64 Del. Laws, c. 343, § 5(b).;
§ 6410. Securities investments.
Notwithstanding the fact that the bonds may be payable from a special fund, if they are otherwise of such form and character
as to be negotiable instruments under the terms of the Uniform Commercial Code, the bonds shall be and are hereby made negotiable
instruments and securities within the meaning of and for all the purposes of the Uniform Commercial Code. All banks, bankers,
trust companies, savings banks, building and loan associations, saving and loan associations, investment companies and other
persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance
business and all administrators, executors, guardians, trustees and other fiduciaries and all other persons whatsoever who
are now or may hereafter be authorized to invest in bonds or other obligations may properly and legally invest any funds,
including capital, belonging to them or within their control; and said obligations are hereby made securities which may properly
and legally be deposited with and shall be received by the Authority for any purpose for which the deposit of bonds or other
obligations is now or may hereafter be authorized.
60 Del. Laws, c. 288, § 1; 61 Del. Laws, c. 132, § 10.;
§ 6411. Tax status.
The powers and functions exercised by the Authority under this chapter and any amendments hereof or supplements hereto are
and will be in all respects for the benefit of the people of the State, and for the protection of their health and welfare.
To this end, the Authority shall be regarded as performing essential governmental functions in exercising such powers and
functions and in carrying out this chapter and of any law relating thereto, and shall not be required to pay any taxes or
assessments of any character, levied either by the State or a political subdivision thereof, upon any of the property used
by it for such purposes, or any income or revenue therefrom, including any profit from a sale or exchange. The bonds or other
securities or obligations issued by the Authority, their transfer and the interest paid thereon or income therefrom, including
any profit from a sale or exchange, shall at all times be free from taxation by State or any subdivision thereof. The Authority
may enter into agreements with any person, other than a municipality, leasing a project from the Authority or operating or
managing the project providing for the making of payments in lieu of taxes to any municipality within which the project is
located of an amount which may be equal to the taxes on real and personal property which such person would have been required
to pay had it been the owner of such property during the period for which such payment is made or such lesser amount as shall
be agreed upon by such person and the Authority.
60 Del. Laws, c. 288, § 1; 61 Del. Laws, c. 132, § 11.;
§ 6412. Judicial review.
Judicial proceedings to review any rule, regulation or other action of the Authority or to determine the meaning or effect
thereof, may be brought in the Superior Court of this State, provided such review is requested within 30 days from the date
of the promulgation of the rule or regulation or other action of the Authority.
60 Del. Laws, c. 288, § 1.;
§ 6413. No pledge of credit; exception.
The Authority shall have no power to pledge the credit or to create any debt or liability of the State, or of any other agency
or of any political subdivision, except that bonds, loan agreements or service agreements, all of which may be supported by
the full faith and credit of a municipality, may be pledged as security for bonds or other obligations of the Authority.
60 Del. Laws, c. 288, § 1; 61 Del. Laws, c. 132, § 12.;
§ 6414. Local cooperation.
All municipalities, political subdivisions and every department, agency or public body of the State is hereby authorized and
empowered to cooperate with, aid and assist the Authority in effectuating this chapter and of any amendment hereof or supplement
hereto, without regard to any law, public or private, or charter, regulating the issuance of debt or other obligations or
governing the issuance of bonds.
60 Del. Laws, c. 288, § 1; 61 Del. Laws, c. 132, § 13.;
§ 6415. Depositaries.
All banks, bankers, trust companies, savings banks and other persons carrying on a banking business under the laws of the
State are authorized to give security for the safekeeping and prompt payment of moneys of the Authority deposited by it with
them, in such manner and form as may be required by and as may be approved by the Authority, which security may consist of
a good and sufficient undertaking with such sureties as may be approved by the Authority, or may consist of the deposit with
the Authority or other depositary approved by the Authority as collateral of such securities as the Authority may approve.
60 Del. Laws, c. 288, § 1.;
§ 6416. Reports and audits.
(a) The Authority shall make annual reports to the Governor, and the General Assembly of the State, setting forth in detail
its operations and transactions, and may make such additional reports from time to time to the Governor and General Assembly
as it may deem desirable.
(b) The Authority shall, at least annually, cause an independent audit of its fiscal affairs to be made and shall furnish
a copy of such audit report together with such additional information or data with respect to its affairs as it may deem desirable
to the Governor and General Assembly of the State.
60 Del. Laws, c. 288, § 1.;
§ 6417. Sanctions.
(a) Any person who violates a regulation or a license condition, or who violates § 6428 of this title, shall be subject to
the following sanctions:
(1) If the violation is of a regulation or license condition promulgated or imposed under §§ 6401-6429 of this title and the
violation has been completed, a civil penalty of not less than $100 and not more than $5,000 shall be assessed. If a violation
continues for a number of days, each day of such violation shall be considered a separate violation. Jurisdiction of lawsuits
under this subsection shall be in any Court of Common Pleas.
(2) If the violation is of a regulation or license condition promulgated or imposed under § 6430 or § 6431 of this title and
the violation has been completed, a civil penalty of not less than $1,000 and not more than $10,000 shall be assessed. If
a violation continues for a number of days, each day of such violation shall be considered a separate violation. Jurisdiction
of lawsuits under this subsection shall be in any Superior Court.
(3) If the violation is continuous, or there is a substantial likelihood that it will reoccur, the Authority may seek a temporary
restraining order, preliminary injunction or permanent injunction in the Court of Chancery.
(b) Any person who violates a regulation or license condition, or who violates § 6428 of this title, shall be subject to revocation
of such license and/or suspension of such license for such period as determined by the Authority and the assessment of an
administrative penalty of not less than $500 and not more than $2,500 for each violation. If a violation continues for a
number of days, each day of such violation shall be considered a separate violation. The procedure to be followed regarding
any revocation or suspension of license and assessment of an administrative penalty shall be as follows:
(1) The Authority shall notify the alleged violator of the alleged violation by registered mail at least 20 days in advance
of the time set for hearing on the violation;
(2) A hearing shall be held on the violation at which time the manager of the Authority shall present evidence in support
of the alleged violation;
(3) The alleged violator may appear personally or by counsel at the hearing and produce any competent evidence in his or her
behalf;
(4) Upon request of the manager or an alleged violator the Chairperson of the Authority shall issue subpoenae requiring the
testimony of witnesses and production of books, records or other documents relevant to any matter involved in such hearing.
In case of contumacy or refusal to obey a subpoena issued under this paragraph, the Superior Court in the county in which
the hearing is held shall have jurisdiction upon application of the Chairperson to issue an order requiring such person to
appear and testify or produce books, records or other documents requested;
(5) All testimony at the hearing shall be taken under oath. The Chairperson shall administer oaths and all directors shall
be entitled to examine witnesses. A verbatim transcript of testimony at the hearing shall be prepared and shall, along with
the exhibits introduced into evidence, constitute the record;
(6) Decisions regarding revocation or suspension of a license or assessment of an administrative penalty shall be made by
majority vote of directors constituting the quorum. In the event the directors render a decision revoking or suspending a
license or assessing an administrative penalty the Chairperson shall make findings of fact based on the record supporting
the decision, and state the reasons for rendering the decision. Any director who takes exception to the decision may submit
a dissenting opinion which shall set forth the reasons for such exception. Dissenting opinions shall be attached to and constitute
a part of the decision of the Authority. Deliberations on decisions regarding revocations or suspensions of licenses or assessments
of administrative penalties shall be held in executive sessions which shall be closed to the public. In the event a decision
is rendered revoking or suspending a license, the Authority may impose conditions for reapplication for a license or for continued
operation of the violator under the license;
(7) The Authority shall notify the alleged violator by registered mail of any decision reached under this subsection;
(8) In the event of nonpayment of the administrative penalty after all legal appeals have been exhausted, a civil action may
be brought by the Authority through its legal counsel in Superior Court for collection of the administrative penalty, including
interest, attorney's fees and costs, and the validity, amount and appropriateness of such administrative penalty shall not
be subject to review.
(c) Any person whose license is revoked or suspended or who is assessed an administrative penalty may appeal the decision
of the Authority to the Superior Court in and for the county in which the hearing was held. Such appeals shall be made within
30 days of the date of receipt of notification of the Authority's decision. Appeals shall be on the record. If the Court
finds that additional evidence should be taken, the Court may remand the matter to the Authority for completion of the record.
No appeal shall operate to stay automatically any decision of the Authority, but upon application and for good cause, the
Authority or the Superior Court may stay the decision pending disposition of the appeal.
(d) The Authority, through its legal counsel, shall be entitled to take direct legal action pursuant to subsection (a) of
this section without resort to conciliation or administrative remedies. The Authority may delegate to its manager the authority
to file suit on behalf of the Authority.
60 Del. Laws, c. 558, § 7; 65 Del. Laws, c. 344, § 3; 67 Del. Laws, c. 136, §§ 5-7; 70 Del. Laws, c. 186, § 1.;
§ 6418. Bonds of Authority.
(a) The Authority shall have the power and is hereby authorized from time to time to issue its negotiable bonds for any of
its corporate purposes, including incidental expenses in connection therewith, and to secure the payment of the same by a
lien or pledge covering all or part of its property, contracts, earnings or revenues. The Authority shall have power, from
time to time whenever it deems refunding expedient, to refund any bonds by the issuance of new bonds, whether the bonds to
be refunded have or have not matured, or be subject to redemption, and may issue bonds partly to refund bonds then outstanding
and partly for any of its corporate purposes. Refunding bonds may be issued in amounts sufficient to provide:
(1) The principal amount of the obligations being refunded;
(2) Any applicable redemption premiums thereon;
(3) Unpaid interest on such obligations to the date of delivery of the refunding bonds, and interest to accrue on such obligations
being refunded from the date of delivery of the refunding bonds to the first or any subsequently available redemption date
or dates selected by the Authority; and
(4) Any expenses, including bond discount, deemed by the Authority to be necessary for the issuance of the refunding bonds.
The proceeds of the sale of any refunding bonds shall be applied as follows, either: (1) To the immediate payment and retirement
of the obligations being refunded; or (2) if not required for the immediate payment of the obligations being refunded, such
proceeds shall be deposited in trust to provide for the payment and retirement of the obligations being refunded, but provisions
may be made for the pledging and disposition of any amount in excess of the amounts required for such purposes, including,
without limitation, provision for the pledging of any such excess amounts to the payment of the principal of and interest
on any portion of such refunding bonds or series of such refunding bonds issued for the purpose of providing amounts in addition
to the principal amount and premium payable with respect to the outstanding obligations to be refunded.
(b) The bonds shall be authorized by resolution of the Authority and shall bear such date or dates, mature at such time or
times not exceeding 40 years from their respective dates, bear interest at a rate or rates per annum as may be determined
by the Authority, be in such denominations, be in such form either coupon or registered, carry such registration privileges,
be executed in such manner, be payable in lawful money of the United States of America, at such place or places and be subject
to such terms of redemption, as such resolution or resolutions may provide. Bonds of the Authority shall be sold either at
public or private sale at such place and interest rates as may be determined by the Authority.
(c) Any resolution or resolutions authorizing any bonds or any trust indenture securing any issue of bonds may contain provisions,
which shall be a part of the contract with the holders of the bonds thereby authorized, as to:
(1) Pledging all or any part of the moneys, earnings, income and revenues derived from all or any part of the properties of
the Authority to secure the payment of the bonds or of any issue of the bonds subject to such agreements with bondholders
as may then exist;
(2) The rates, rentals, fees and other charges to be fixed and collected and the amounts to be raised in each year thereby,
and the use and disposition of the earnings and other revenues;
(3) The setting aside of reserves and the creation of sinking funds and the regulation and disposition thereof;
(4) Limitations on the right of the Authority to restrict and regulate the use of the properties in connection with which
such bonds are issued;
(5) Limitations on the purposes to which and the manner in which the proceeds of sale of any issue of bonds may be applied;
(6) Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, the
refunding of outstanding or other bonds;
(7) The procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of
bonds the holders of which must consent thereto and the manner in which such consent may be given;
(8) The creation of special funds into which any earnings or revenues of the Authority may be deposited;
(9) The terms and provisions of any mortgage or trust deed or indenture securing the bonds or under which bonds may be issued;
(10) Vesting in a trustee or trustees such properties, rights, powers and duties in trust as the Authority may determine which
may include any or all of the rights, powers and duties of the trustee appointed by the bondholders pursuant to § 6419 of
this title, and limiting or abrogating the right of the bondholders to appoint a trustee under such section or limiting the
rights, duties and powers of such trustee;
(11) Defining the acts or omissions to act which shall constitute a default in the obligations and duties of the Authority
to the bondholders and providing the rights and remedies of the bondholders in the event of such default, including as a matter
of right the appointment of a receiver; provided, however, that such rights and remedies shall not be inconsistent with the
general laws of this State and other provisions of this chapter;
(12) Limitations on the power of the Authority to sell or otherwise dispose of its properties;
(13) Any other matters, of like or different character, which in any way affect the security or protection of the bonds;
(14) Limitations on the amount of moneys derived from the properties to be expended for operating, administrative or other
expenses of the Authority;
(15) The protection and enforcement of the rights and remedies of the bondholders;
(16) The obligations of the Authority in relation to the construction, maintenance, operation, repairs and insurance of the
properties, the safeguarding and application of all moneys and as to the requirements for the supervision and approval of
consulting engineers in connection with construction, reconstruction and operation;
(17) The payment of the proceeds of bonds and revenues of the properties to a trustee or other depository, and for the method
of disbursement thereof with such safeguards and restrictions as the Authority may determine;
(18) Any other matter or course of conduct which by recital in the resolution or resolutions is declared to further secure
the payment of the principal of or interest on the bonds.
(d) It is the intention of the General Assembly that any pledge of earnings, revenues or other moneys made by the Authority
shall be valid and binding from the time when the pledge is made; that the earnings, revenues or other moneys so pledged and
thereafter received by the Authority shall immediately be subject to the lien of such pledge without any physical delivery
thereof or further act; and that the lien of any such pledge shall be valid and binding as against all parties having claims
of any kind in tort, contract or otherwise ag
(a) Findings. -- The General Assembly finds and declares:
(1) That the people of the State have the right to a clean and wholesome environment;
(2) That prevailing solid waste disposal practices generally, throughout the State, result in unnecessary environmental damage,
substantially degrade surface and groundwater, waste valuable land and other resources and constitute a continuing hazard
to the health and welfare of the people of the State;
(3) That local governments responsible for waste disposal services are becoming hard pressed to provide adequate services
at reasonable costs, without damage or hazard to the environment and the loss of useful resources;
(4) That as a result of inadequate solid waste collection and disposal systems rural areas of the State are particularly subjected
to esthetic degradation because of litter;
(5) That locally organized voluntary recycling programs have shown that solid wastes produced in the State contain recoverable
resources;
(6) That technology and methods now exist to dispose of solid wastes and recover resources with commensurate environmental
benefits;
(7) That coordinated large-scale processing of solid wastes may be necessary in order to achieve maximum environmental and
economic benefits for the people of the State;
(8) That the amounts of solid waste being produced within the State are adequate to sustain such large-scale processing;
(9) That the geography and population density of the State are such as to enable and facilitate the effective and economic
regional accumulation of solid wastes;
(10) That the development of systems and facilities and the use of the technology necessary to initiate large-scale processing
of solid wastes have become logical and necessary functions to be assumed by state government;
(11) That the provision of solid waste disposal services to local governments at reasonable cost, through the use of state
governmental powers and capabilities, would supply valuable assistance to such local governments; and
(12) That, because of the foregoing, the provision of statutory authorization for the necessary state structure, which can
take initiative and appropriate action to provide the necessary systems, facilities, technology and services for solid waste
management and resources recovery is a matter of important public interest and that it is the purpose and intent of the General
Assembly to be and remain cognizant not only of its responsibility to authorize and establish accomplishment of solid waste
management and resources recovery, but also of its responsibility to monitor and supervise the activities and operations of
the state Authority created by this chapter, and the exercise of the powers conferred upon such Authority by virtue of this
chapter.
(b) Policy. -- The General Assembly declares the following to be the policies of the State:
(1) That maximum resources recovery from solid waste and maximum recycling and reuse of such resources in order to protect,
preserve and enhance the environment of the State shall be considered environmental goals of the State;
(2) That solid waste disposal and resources recovery facilities and projects are to be implemented either by the State or
under state auspices, in furtherance of these goals;
(3) That appropriate governmental structure, processes and support are to be provided so that effective state systems and
facilities for solid waste management and large-scale resources recovery may be developed, financed, planned, designed, constructed
and operated for the benefit of the people, municipalities and counties of the State;
(4) That private industry is to be utilized to the maximum extent feasible to perform planning, design, management, collection,
construction, operation, manufacturing and marketing functions related to solid waste disposal and resources recovery, and
to assist in the development of industrial enterprises based upon resources recovery, recycling and reuse;
(5) That long-term negotiated contracts between the State and persons and business entities may be utilized as an incentive
for the development of industrial and commercial enterprise based on resources recovery within the State;
(6) That solid waste collection and disposal services shall be provided for municipal and regional authorities and persons
in the State, at reasonable cost, by state systems and facilities where such services are considered necessary and desirable
in accordance with the statewide solid waste management plan and that any revenues received from the payment of the costs
of such services otherwise from the operation of state systems and facilities shall be redistributed to the users of such
services provided that the Authority has determined that all contractual obligations related to such systems and facilities
have been met and that such revenues are surplus and not needed to provide necessary support for such systems and facilities;
(7) That provision shall be made for planning, research and development, and appropriate innovation in the design, management
and operation of the State's systems and facilities for solid waste management, in order to permit continuing improvement
and provide adequate incentives and processes for lowering operation and other costs;
(8) That the Authority established pursuant to this chapter shall have responsibility for implementing solid waste disposal
and resources recovery systems and facilities and solid waste management services where necessary and desirable throughout
the State in accordance with a state solid waste management plan and applicable statutes and regulations;
(9) That infectious waste be disposed of by the Authority on a statewide basis in accordance with applicable statutes, regulations
and inspection procedures approved by the Department of Health and Social Services and issued by the Department of Natural
Resources and Environmental Control to assure adequate and proper disposal in a manner to protect the public health and welfare;
(10) That actions and activities performed or carried out by the Authority or its contractors in accordance with this chapter
shall be in conformity with the state solid waste management plan;
(11) That these policies and purposes are hereby declared to be in the public interest and this chapter to be necessary and
for the public benefit, as a matter of legislative determination.
(c) Purpose. -- The General Assembly declares the following to be the purpose of this chapter:
(1) That a statewide comprehensive program for management, storage, collection, transportation, utilization, processing and
disposal of solid waste be established.
(2) That a program for the maximum recovery and reuse of materials and energy resources derived from solid wastes be established.
(3) That a program for protecting the land, air, surface and groundwater resources of the State from depletion and degradation
caused by improper disposal of solid waste be established.
(4) That a program in cooperation with the United States Environmental Protection Agency, or other federal and state agencies,
for the demonstration of systems and techniques of materials recovery, market development and reuse be established.
(5) That a statewide program for disposal of infectious waste, giving special attention to the management and operation of
an infectious waste facility, be established.
(6) That a statewide solid waste management plan be developed and implemented by the Authority.
60 Del. Laws, c. 288, § 1; 67 Del. Laws, c. 136, §§ 1, 2.;
§ 6402. Definitions.
The following terms shall have the meanings ascribed to them in this chapter:
(1) "Authority" means the Delaware Solid Waste Authority.
(2) "Department" means the Department of Natural Resources and Environmental Control.
(3) "Facility" means any solid waste disposal site, system or process and the operation thereof, including but not limited
to personnel, equipment and buildings.
(4) "Groundwater" means any water naturally found under the surface of the earth.
(5) "Person" means any individual, partnership, corporation, association, institution, cooperative enterprise, municipality,
commission, political subdivision or other duly established legal entity.
(6) "Resources recovery" means the recovery of energy and materials from solid wastes in a saleable form which will allow
their reuse in specific market applications.
(7) "Resources recovery systems" means systems specifically designed for recycling solid wastes into energy and materials.
(8) "Revenues" means all revenues to the Authority including but not limited to those generated through user charges and the
sale of recycling products through resources recovery systems and facilities.
(9) "Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution
control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting
from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid
or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges
which are point sources subject to permits under § 402 of the Federal Water Pollution Control Act, as amended (86 Stat. 880)
[33 U.S.C. § 1342], or source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended
(68 Stat. 923) [42 U.S.C. § 2014].
(10) "Solid waste management services" means services including but not limited to the collection, transportation, storage,
transfer, processing, recycling or disposal of solid wastes.
(11) "Surface water" means water occurring generally on the surface of the earth.
(12) "Users" means any person who delivers and/or deposits solid waste at a facility for subsequent processing, disposal or
recycling.
(13) "Volume reduction" means a system or process for physically or chemically reducing the volume of solid wastes.
(14) "Municipality" or "municipalities" means a county, city, town or other public body of the State.
(15) "Costs" means the cost or fair market value or value, as determined by the Authority, of construction, real property,
property rights, utility extensions, disposal facilities, access roads, easements, franchises, financing charges, interest,
labor, materials, machinery and equipment, engineering and legal services, plans, specifications, surveys, cost estimates,
studies, transportation and other expenses necessary or incidental to the design, development, construction, financing, management
and operation and maintenance of a waste management project, and such other costs or expenses of the Authority as may be necessary
or incidental to the purposes of the Authority, including administrative and operating costs, research and development and
operating capital, including fees, charges, loans, insurance and the expense of purchasing real and personal property, including
waste management projects.
(16) "Industrial solid waste" means solid waste produced by or resulting from industrial applications, processes or operations.
(17) "Infectious waste" means those wastes which may cause human disease and may reasonably be suspected of harboring human
pathogenic organisms, or may pose a substantial present or potential hazard to human health or the environment when improperly
treated, stored, transported, disposed of or otherwise managed. Types of wastes designated as infectious include, but are
not necessarily limited to, the following:
a. Biological wastes which shall include, but not be limited to:
1. "Biological liquid wastes" which shall mean blood and blood products, excretions, exudates, secretions, suctionings and
other body fluids including liquid wastes from renal dialysis.
2. "Pathological wastes" which shall mean all human tissues and anatomical remains, including human fetal remains, which emanate
from surgery, obstetrical procedures, autopsy and laboratory procedures.
3. "Cultures and stocks of etiologic agents and associated biological wastes" which shall mean, but is not limited to, specimen
cultures, cultures and stocks of etiologic agents and wastes from production of biologicals and serums.
4. "Laboratory wastes" which shall mean those wastes which have come in contact with pathogenic organisms and blood or body
fluids. Such wastes include, but are not limited to, disposable materials, culture dishes, devices used to transfer, inoculate
and mix cultures, paper and cloth which have come in contact with specimens or cultures which have not been sterilized or
rendered noninfectious; or laboratory wastes, including cultures of etiologic agents, which pose a substantial threat to health
due to their volume and virulence.
5. Animal tissue, bedding and other waste from animals known or suspected to be infected with a pathogen which also causes
human disease, provided that prevailing evidence indicates that such tissue, bedding or other waste may act as a vehicle of
transmission to humans.
6. Human dialysis waste materials including blood lines and dialysate membranes.
b. "Sharps" which shall mean any discarded article that may cause puncture or cuts. Such wastes include but are not limited
to, needles, intravenous (IV) tubing with needles attached, scalpel blades, glassware and syringes that have been removed
from their original sterile containers.
c. "Discarded biologicals" which shall mean serums and vaccines produced by pharmaceutical companies for human or veterinary
use. These products may be discarded because of a bad manufacturing lot (i.e., off-specification material that does not pass
quality control or that is recalled), out-dating or removal of the product from the market or other reasons. Because of the
possible presence of etiologic agents in these products, the discarded material constitutes infectious waste.
d. "Other infectious wastes" which shall mean any residue or contaminated soil, water or other debris resulting from the cleanup
of a spill of any infectious waste.
(18) "Infectious waste generator" means hospitals, inpatient or outpatient clinics, laboratories, medical offices, dental
offices, nursing homes and inpatient residential facilities serving persons with diseases which may be transmitted through
contact with infectious wastes as well as veterinarian facilities and research laboratories operating within the State.
60 Del. Laws, c. 288, § 1; 60 Del. Laws, c. 558, § 6; 61 Del. Laws, c. 132, §§ 1, 2; 63 Del. Laws, c. 372, § 2; 67 Del. Laws, c. 136, §§ 3, 4.;
§ 6403. Establishment, composition, etc., of Authority.
(a) There is hereby established and created a statewide solid waste authority, a body politic and corporate constituting a
public instrumentality of the State established and created for the performance of an essential public and governmental function,
to be known as the Delaware Solid Waste Authority. The Authority shall consist of 7 directors, all of whom shall be residents
of and qualified to vote in the State. The Governor shall appoint the directors with the advice and consent of the Senate.
The Governor shall designate a director as chairperson, and such director shall serve at the pleasure of the Governor. There
shall be at least 1 director from each of 3 counties and the City of Wilmington. Authority directors registered in either
major political party shall not exceed the other major political party by more than 1. The terms of the original directors,
excluding the chairperson, shall be as follows: Two directors shall serve for 1 year; 2 directors shall serve for 2 years;
and 2 directors shall serve for 3 years. Upon the expiration of the terms of the original directors, excluding the chairperson,
the term of each director appointed thereafter shall be 3 years.
(b) In the event of the death of a director, permanent disability of a director, resignation of a director or failure of a
director to perform his or her duties, the Governor shall appoint an interim director to serve for a period not to exceed
6 months, unless such interim director shall be confirmed by the Senate, in which case the interim director shall complete
the term of the replaced director. If an interim director is not confirmed by the Senate within 6 months of the date of appointment,
the position of director shall remain vacant until such time that an interim director is confirmed by the Senate, or a director
is selected to serve a new term. Except as otherwise set forth herein the appointment of interim directors shall be subject
to all other requirements regarding appointments of directors.
(c) For purposes of conducting business of the Authority, 5 directors shall constitute a quorum. A majority vote of members
constituting the quorum shall be required for action on any matter before the Authority. All votes on matters before the Authority
shall be conducted at meetings open to the public, and such meetings shall be timely noticed through statewide newspaper advertisement.
Nothing herein shall prevent the directors of the Authority from meeting at executive sessions which are closed to the public
for purposes of discussing Authority matters.
(d) Each director shall be entitled to reimbursement for actual and necessary expenses incurred during the performance of
official duties.
(e) The Authority may delegate to 1 or more of its directors, the manager, or its agents, such powers and duties as it may
deem necessary and proper in conformity with this chapter.
(f) The chairperson shall, with the approval of the directors, select a manager of the Authority who shall be an employee
of the Authority.
(g) Subject to § 6409 of this title, the Authority shall continue until its existence shall be terminated by law, in which
case all of its rights and properties shall pass to and be vested in the State.
(h) The Authority may adopt procedural rules to implement this section.
(i) The Authority may, after notice and public hearing, adopt rules and regulations governing the use and/or operation of
facilities under its jurisdiction and control.
(j) The Authority shall, after notice and public hearing, adopt a statewide solid waste management plan, and amend such plan
as necessary.
(k) The Authority may, after notice and public hearing, adopt fee schedules, user charges and/or other charges for the use
and/or operation of facilities under its jurisdiction and control.
(l) The Authority may, after notice and public hearing, adopt rules and regulations to effectuate the powers, policies, purposes
and functions set forth in this chapter.
(m) The Authority may, after notice and public hearing, adopt rules and regulations governing the composition, quality, quantity
and delivery of source separated recyclable materials to recycling centers.
60 Del. Laws, c. 288, § 1; 60 Del. Laws, c. 558, §§ 1-3; 61 Del. Laws, c. 132, §§ 3, 4; 64 Del. Laws, c. 343, § 5(a); 67 Del. Laws, c. 432, § 2; 70 Del. Laws, c. 186, § 1.;
§ 6404. Functions of Authority.
The functions of the Authority shall include, but not be limited to the following:
(1) The planning, design, construction, financing, management, ownership, operation and maintenance of solid waste disposal,
volume reduction and resources recovery facilities and all related solid waste reception, transfer, storage, transportation
and wastehandling and general support facilities considered by the Authority to be necessary, desirable, convenient or appropriate
in carrying out the statewide solid waste management plan and in establishing, managing and operating solid waste disposal
and resources recovery systems and their component waste-processing facilities and equipment;
(2) The provision of solid waste management services to municipalities, regions and persons within the State by receiving
solid wastes at Authority facilities, pursuant to contracts between the Authority and such agencies, municipalities, persons,
regions and business entities; the recovery of material and energy resources and resource values from such solid wastes; and
the production from such services and resources recovery operations of revenues sufficient to provide for the support of the
Authority and its operations on a self-sustaining basis, with due allowance for the redistribution of any surplus revenues
to reduce the costs of Authority services to the users thereof;
(3) The utilization, through contractual arrangements, of private industry for implementation of some or all of the requirements
of the state solid waste management plan and for such other activities as may be considered necessary, desirable or convenient
by the Authority;
(4) Assistance with the coordination of efforts directed toward source separation for recycling purposes;
(5) Assistance in the development of industries and commercial enterprises within the State based upon resources recovery,
recycling and reuse. These objectives shall be considered to be operating responsibilities of the Authority, in accordance
with the state solid waste management plan, and are to be considered in all respects public purposes. It is the intention
of this chapter that the Authority shall be granted all powers necessary to fulfill these purposes and to carry out its assigned
responsibilities and that this chapter, itself, is to be construed liberally in furtherance of this intention; and
(6) The development, implementation and supervision of a program requiring all persons who haul, convey or transport any solid
waste in any container to obtain a license from the Authority. The Authority may enter into an administrative agreement with
any county, municipality or other political subdivision under which agreement the licensing program referenced herein may
be conducted by the county, municipality or other political subdivision pursuant to such rules and regulations adopted by
the Authority which are applicable to the licensing program.
60 Del. Laws, c. 288, § 1; 61 Del. Laws, c. 132, § 5.;
§ 6405. Manager and staff.
(a) The manager of the Authority shall be a resident of the State, a registered professional engineer in the State and have
obtained at least a masters degree in either civil, mechanical or chemical engineering from an accredited college or university.
The manager shall have at least 10 years' engineering experience including at least 3 years experience in the field of solid
waste management.
(b) The manager shall be a member and chief executive of the staff Authority.
(c) All members of the staff shall be employees of the Authority and, except for the manager, the manager's chief administrative
aide and engineers who have graduated from an engineering curriculum of 4 years or more, be covered by the state merit system
as classified employees.
(d) The manager shall be responsible for developing and recommending an organizational structure for implementing the functions
undertaken by the Authority. The manager shall be responsible for recommending to the Authority persons to be hired as staff
members. The Authority shall approve all hirings and organizational structures.
(e) All members of the staff shall be included under and subject to Chapter 55 of Title 29.
60 Del. Laws, c. 288, § 1; 60 Del. Laws, c. 558, § 4; 63 Del. Laws, c. 372, §§ 3, 4; 70 Del. Laws, c. 186, § 1.;
§ 6406. Powers of Authority.
(a) The Authority shall have the power to:
(1) Approve and adopt an organizational structure to implement this chapter.
(2) Employ a staff to carry out the functions of the Authority.
(3) Establish offices where necessary in the State.
(4) Retain by contract legal counsel, auditors, engineers, private consultants, advisors or other contractual services required
by the Authority.
(5) Sue and be sued.
(6) Have a seal and alter it at pleasure.
(7) Conduct such hearings, examinations and investigations as may be necessary and appropriate to the conduct of its operations
and the fulfillment of its responsibilities.
(8) To procure and keep in force adequate insurance or otherwise provide for the adequate protection of its property, as well
as to indemnify and save harmless it and its officers, agents or employees against loss or liability with respect to any risk
to which it or they may be exposed in carrying out any function of the Authority.
(9) To design, construct, own and operate facilities.
(10) Obtain access to public records and apply for the process of subpoena if necessary to produce books, papers, records
and other data.
(11) Charge reasonable fees for services it performs and waive, suspend, reduce or otherwise modify such fees when it is deemed
appropriate to do so.
(12) Purchase, manage, lease or rent such real and personal property as it may deem necessary, convenient or desirable.
(13) Otherwise, do all things necessary for the performance of its duties, the fulfillment of its obligations, the conduct
of its operations and the conduct of a comprehensive program for solid waste disposal and resources recovery, and for solid
waste management services, in accordance with the state solid waste management plan, applicable statutes and regulations and
the requirements of this chapter.
(14) Assume through contract or otherwise, any existing contract, grant or property right, or interest held by any person,
partnership, corporation, municipality, county, state agency, federal agency or other legal entity, pertaining to solid waste
storage, collection, transportation, treatment, processing, disposal, recycling, reuse or any other use.
(15) Determine the location and character of any project to be developed under this chapter, subject to the requirements of
the statewide solid waste management plan, including the location of recycling centers, without the need to obtain land use
approval.
(16) Purchase, receive by gift or otherwise, lease, exchange or otherwise acquire and construct, reconstruct, improve, maintain,
equip and furnish such waste management projects as are called for by the state solid waste management plan.
(17) Sell or lease to any person, all or any portion of a waste management project, for such consideration and upon such terms
as the Authority may determine to be reasonable.
(18) Mortgage or otherwise encumber all or any portion of a project whenever, in the opinion of the Authority, such action
is deemed to be in furtherance of the purposes of this chapter.
(19) Grant options to purchase, or to renew a lease for, any Authority waste management project on such terms as the Authority
may determine to be reasonable.
(20) Acquire, by purchase, gift, transfer or by condemnation for public purposes, and manage and operate, hold and dispose
of real property and, subject to agreements with lessors or lessees, develop or alter such property by making improvements
and betterments with the purpose of enhancing the value and the usefulness of such property.
(21) Make plans, surveys, studies and investigations necessary or desirable, in conformity with the state plan and with due
consideration for local or regional plans, to carry out authority functions with respect to the acquisition, use and development
of real property and the design and construction of systems and facilities.
(22) Make short and long range plans, consistent with the state solid waste management plan, for the storage, collection,
transportation or processing and disposal of solid wastes and recovered resources by the authority-owned facilities.
(23) Design or provide for the design of solid waste management facilities including design for the alteration, reconstruction,
improvement, enlargement or extension of existing facilities.
(24) Construct, erect, build, acquire, alter, reconstruct, improve, enlarge or extend waste management projects including
provision for the inspection and supervision thereof and the engineering, architectural, legal, fiscal and economic investigations
and studies, surveys, designs, plans, working drawings, specifications, procedures and any other actions incidental thereto.
(25) Own, operate and maintain solid waste management projects and make provision for their management and for the manufacturing,
processing and transportation operations necessary to derive recovered resources from solid waste, and contracting for the
sale of such.
(26) Enter upon lands and waters, as may be necessary, to make surveys, soundings, borings and examinations in order to accomplish
the purposes of this chapter.
(27) Contract with municipal, county and regional authorities, state agencies and persons to provide waste management services
in accordance with this chapter and to plan, design, construct, manage, operate and maintain solid waste disposal and processing
facilities on their behalf.
(28) Design and construct improvements or alterations on properties which it owns or which it operates by contract on behalf
of municipal or regional authorities.
(29) Contract for services in the performance of architectural and engineering design, the supervision of design and construction,
system management and facility management, for such professional or technical services as are required, and for such other
professional or technical services as may require either prequalification of a contractor or the submission by any person,
firm or consortium or association of persons or firms of a proposal in response to an official request for proposal or similar
written communication of the Authority, whenever such services are, in the discretion of the Authority, deemed necessary,
desirable or convenient in carrying out the purposes of the Authority.
(30) Contract for the construction of solid waste facilities with individuals or firms, or consortiums of such individuals
or firms, pursuant to applicable provisions of this chapter, the requirements of applicable regulations and the state plan
and in accordance with such specifications, terms and conditions as the Authority may deem necessary or advisable.
(31) Control, through regulation or otherwise, the collection, transportation, storage and disposal of solid waste, including
the diversion of solid waste within specified geographic areas to facilities owned, operated or controlled by the Authority;
provided, however, that such power shall not extend to the collection, transportation, transfer and storage of hazardous wastes
as defined in subdivision (7) of § 6302 of this title, except to the extent that the Authority engages in activities authorized
under § 6452(8) of this title.
(32) Issue bonds or notes in anticipation of the issuance of bonds, or otherwise, to finance any of the purposes of this chapter,
lend the proceeds of such obligations to any person to effectuate any of the purposes of this chapter, contract with any person
in any manner deemed advisable by the Authority to secure the payment of such obligations and to pledge such contracts as
security for the payment of such obligations.
(b) Any contract for construction valued at over $25,000 shall be let by the Authority pursuant to the process of open or
competitive bidding, provided, the Authority shall have power to determine the format, contents and scope of any contract
for a solid waste management project, the conditions under which bidding shall take place and the schedule and stipulations
for a contract award. The Authority shall also have power to select the contractor deemed to have submitted the most responsive
bid, price and other factors considered, when, in the judgment of the Authority, such award is in the best interests of the
State. The Authority may in its discretion negotiate and enter into a contract or contracts with a single source when it is
desirable to do so.
60 Del. Laws, c. 288, § 1; 61 Del. Laws, c. 132, §§ 6, 7; 63 Del. Laws, c. 372, § 5; 67 Del. Laws, c. 432, §§ 3, 4.;
§ 6407. Funds and transfers of interests.
(a) The Authority shall have the power to:
(1) Accept gifts, grants or loans of funds, property or service from any source, public or private, and comply, subject to
this chapter, with the terms and conditions thereof;
(2) Receive funds from the sale of general bonds, revenue bonds or other obligations of municipal, county or regional authorities
and from the sale of general bonds, revenue bonds or other obligations of the Authority;
(3) Receive funds or revenues from the sale of products, materials, fuels and energy in any form derived from the processing
of solid waste by systems, facilities and equipment under its jurisdiction, and receive revenues in the form of rents, user
fees, user charges, licensing fees and other charges paid by units or agencies of state and local government, and by persons
and organizations, to compensate the Authority for the use of its facilities or the performance of its services;
(4) Apply for and accept from a federal agency loans or grants for use in carrying out its purposes and enter into agreements
with such agency respecting any such loans or grants;
(5) Make loans to any municipal or regional authority or to any person for the planning, design, acquisition, construction,
reconstruction, improvement, equipping and furnishing of a solid waste management project, which loans shall be secured by
loan agreements, contracts or any other instruments or agreements with respect to the use of fees and charges, upon such terms
and conditions as the Authority shall determine reasonable in connection with such loans, including provisions for the establishment
and maintenance of reserve funds, and in the exercise of powers granted in this section in connection with the project for
any such municipal or regional authority or person, to require the inclusion in any contract, loan agreement or other instrument,
of such provisions for the construction, use, operation and maintenance and payment of operating and other costs of a project
as the Authority may deem necessary or desirable and, in connection with the making of such loans, the Authority may purchase,
acquire and take assignments and the notes and bonds of municipal or regional authorities and persons and receive other forms
of security and evidences of indebtedness, and in furtherance of the purposes of this chapter and to assure the payment of
the principal and interest of such loans, and in order to assure the payment of the principal and interest on bonds or notes
of the Authority issued to provide funding for such loans, may attach, seize, purchase, acquire, accept or take title to any
project by conveyance, and may sell, lease or rent any such project for a use specified in this chapter. Any municipality
is hereby authorized to issue general obligation bonds, to which the full faith and credit of such municipality are pledged,
to the Authority in an amount determined by such municipality without regard to any debt or other limit provided in any charter,
special act or general act pertaining to such municipality. Such bonds may be issued and delivered upon negotiation with the
Authority and the consideration therefor may be the provision by the Authority of solid waste and disposal resources recovery
facilities for the use and benefit of such municipality. Such bonds may be pledged by the Authority as security for bonds
issued by the Authority to provide such facilities for the benefit of such municipalities. Any municipality shall also have
the power to unconditionally guarantee the punctual payment of the principal of and interest on any bonds of the Authority,
including the satisfaction of mandatory sinking fund requirements as provided in any resolution, trust indenture or other
documents securing such bonds. Any guarantee of bonds of the Authority made pursuant to this section shall be evidenced by
endorsement thereof on such bonds executed in the name of the municipality and on its behalf by such officer thereof as may
be designated in the resolution authorizing such guarantee, and such municipality shall thereupon and thereafter be obligated
to pay the principal of and interest on said bonds in the same manner and to the same extent as in the case of bonds issued
by it. The obligations imposed by such guarantee shall not be subject to any limitation respecting the incurrence of debt
or the issuance of obligations of such municipality contained in any charter, special act or general act;
(6) Establish payment schedules and make payments for the delivery of source separated recyclable materials to recycling centers,
and create, through funding, incentives for the delivery of source separated recyclable materials to recycling centers by
community groups under programs authorized by the Authority.
(b) The directors of the Authority may by resolution, in accordance with the provisions and stipulations of this chapter and
the Authority's general and other bond resolutions, authorize both segregation of such authority revenues as may at any time
be adjudged by said directors to be surplus to the needs of the Authority to meet its contractual and other obligations and
to provide for its operations or other business purposes, and the equitable redistribution of such segregated surplus revenues
to some or all of the users of the system in accordance with applicable provisions of the state solid waste management plan.
(c) All state funds previously appropriated to and for the use of the Department regarding the Delaware Reclamation Project
are transferred to the Authority for the same purposes.
(d) All federal grant money previously received by and for the use of the Department regarding the Delaware Reclamation Project
are transferred to the Authority for the same purposes.
(e) All contractual rights and obligations heretofore vested in or applying to the Department relating directly to the Delaware
Reclamation Project are transferred to and assumed by the Authority.
(f) [Repealed].
60 Del. Laws, c. 288, § 1; 60 Del. Laws, c. 558, § 5; 61 Del. Laws, c. 132, § 8; 63 Del. Laws, c. 80, § 45; 67 Del. Laws, c. 432, § 5.;
§ 6408. Private contractors.
The Authority may utilize private industry, by contract, to carry out the business, design, operating, management, marketing,
planning and research and development functions of the Authority, or the Authority may determine that it is in the public
interest to adopt another course of action. The Authority is hereby empowered to enter into long-term contracts with persons
for the performance of any such functions of the Authority which, in the opinion of the authority, can desirably and conveniently
be carried out by a person under contract provided any such contract shall contain such terms and conditions as will enable
the Authority to retain overall supervision and control of the business, design, operating, management, transportation, marketing,
planning and research and development functions to be carried out or to be performed by such persons pursuant to such contract.
Such contracts may be entered into either on a negotiated or an open-bid basis, and the Authority in its discretion may select
the type of contract it deems most prudent to utilize, considering the scope of work, the management complexities associated
therewith, the extent of current and future technological development requirements and the best interests of the State. In
exercising the contracting authorities set forth in this section, the Authority shall not give any preference to public versus
private parties. Notwithstanding any provision of § 5103 of Title 25 (Landlord-Tenant Code) to the contrary, with respect
to any long-term contract pursuant to which a private entity owns or operates a solid waste disposal, transfer station and
electric and steam generating facility for the purpose of providing solid waste disposal services to the Authority, Chapters
51 through 70 of Title 25 (Landlord-Tenant Code) shall not determine the legal rights, remedies or obligations of the parties
and beneficiaries to any rental or leasing agreement with respect to such facility.
60 Del. Laws, c. 288, § 1; 61 Del. Laws, c. 132, § 9; 64 Del. Laws, c. 343, § 5(b).;
§ 6409. Covenant with bondholders.
The State covenants and agrees with the holders of any bonds, other securities or obligations or contractual obligations of
the Authority, assumed, issued or incurred by it and as security for which there may or may not be pledged the fees and revenues
of any part thereof of any facility or other project that the State will not, so long as any of such bonds, other obligations
or contractual obligations remain outstanding and unpaid, diminish or impair the power of the Authority to establish, levy
and collect fees and other charges in connection therewith and that the State will not, so long as any of such bonds, other
obligations or contractual obligations remain outstanding and unpaid, terminate the Authority or authorize any other authority
or facility to undertake or assume the functions of the Authority, unless adequate provision shall be made by law for the
protection of those advancing money or providing services with respect to such obligations.
60 Del. Laws, c. 288, § 1; 63 Del. Laws, c. 372, § 6; 64 Del. Laws, c. 343, § 5(b).;
§ 6410. Securities investments.
Notwithstanding the fact that the bonds may be payable from a special fund, if they are otherwise of such form and character
as to be negotiable instruments under the terms of the Uniform Commercial Code, the bonds shall be and are hereby made negotiable
instruments and securities within the meaning of and for all the purposes of the Uniform Commercial Code. All banks, bankers,
trust companies, savings banks, building and loan associations, saving and loan associations, investment companies and other
persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance
business and all administrators, executors, guardians, trustees and other fiduciaries and all other persons whatsoever who
are now or may hereafter be authorized to invest in bonds or other obligations may properly and legally invest any funds,
including capital, belonging to them or within their control; and said obligations are hereby made securities which may properly
and legally be deposited with and shall be received by the Authority for any purpose for which the deposit of bonds or other
obligations is now or may hereafter be authorized.
60 Del. Laws, c. 288, § 1; 61 Del. Laws, c. 132, § 10.;
§ 6411. Tax status.
The powers and functions exercised by the Authority under this chapter and any amendments hereof or supplements hereto are
and will be in all respects for the benefit of the people of the State, and for the protection of their health and welfare.
To this end, the Authority shall be regarded as performing essential governmental functions in exercising such powers and
functions and in carrying out this chapter and of any law relating thereto, and shall not be required to pay any taxes or
assessments of any character, levied either by the State or a political subdivision thereof, upon any of the property used
by it for such purposes, or any income or revenue therefrom, including any profit from a sale or exchange. The bonds or other
securities or obligations issued by the Authority, their transfer and the interest paid thereon or income therefrom, including
any profit from a sale or exchange, shall at all times be free from taxation by State or any subdivision thereof. The Authority
may enter into agreements with any person, other than a municipality, leasing a project from the Authority or operating or
managing the project providing for the making of payments in lieu of taxes to any municipality within which the project is
located of an amount which may be equal to the taxes on real and personal property which such person would have been required
to pay had it been the owner of such property during the period for which such payment is made or such lesser amount as shall
be agreed upon by such person and the Authority.
60 Del. Laws, c. 288, § 1; 61 Del. Laws, c. 132, § 11.;
§ 6412. Judicial review.
Judicial proceedings to review any rule, regulation or other action of the Authority or to determine the meaning or effect
thereof, may be brought in the Superior Court of this State, provided such review is requested within 30 days from the date
of the promulgation of the rule or regulation or other action of the Authority.
60 Del. Laws, c. 288, § 1.;
§ 6413. No pledge of credit; exception.
The Authority shall have no power to pledge the credit or to create any debt or liability of the State, or of any other agency
or of any political subdivision, except that bonds, loan agreements or service agreements, all of which may be supported by
the full faith and credit of a municipality, may be pledged as security for bonds or other obligations of the Authority.
60 Del. Laws, c. 288, § 1; 61 Del. Laws, c. 132, § 12.;
§ 6414. Local cooperation.
All municipalities, political subdivisions and every department, agency or public body of the State is hereby authorized and
empowered to cooperate with, aid and assist the Authority in effectuating this chapter and of any amendment hereof or supplement
hereto, without regard to any law, public or private, or charter, regulating the issuance of debt or other obligations or
governing the issuance of bonds.
60 Del. Laws, c. 288, § 1; 61 Del. Laws, c. 132, § 13.;
§ 6415. Depositaries.
All banks, bankers, trust companies, savings banks and other persons carrying on a banking business under the laws of the
State are authorized to give security for the safekeeping and prompt payment of moneys of the Authority deposited by it with
them, in such manner and form as may be required by and as may be approved by the Authority, which security may consist of
a good and sufficient undertaking with such sureties as may be approved by the Authority, or may consist of the deposit with
the Authority or other depositary approved by the Authority as collateral of such securities as the Authority may approve.
60 Del. Laws, c. 288, § 1.;
§ 6416. Reports and audits.
(a) The Authority shall make annual reports to the Governor, and the General Assembly of the State, setting forth in detail
its operations and transactions, and may make such additional reports from time to time to the Governor and General Assembly
as it may deem desirable.
(b) The Authority shall, at least annually, cause an independent audit of its fiscal affairs to be made and shall furnish
a copy of such audit report together with such additional information or data with respect to its affairs as it may deem desirable
to the Governor and General Assembly of the State.
60 Del. Laws, c. 288, § 1.;
§ 6417. Sanctions.
(a) Any person who violates a regulation or a license condition, or who violates § 6428 of this title, shall be subject to
the following sanctions:
(1) If the violation is of a regulation or license condition promulgated or imposed under §§ 6401-6429 of this title and the
violation has been completed, a civil penalty of not less than $100 and not more than $5,000 shall be assessed. If a violation
continues for a number of days, each day of such violation shall be considered a separate violation. Jurisdiction of lawsuits
under this subsection shall be in any Court of Common Pleas.
(2) If the violation is of a regulation or license condition promulgated or imposed under § 6430 or § 6431 of this title and
the violation has been completed, a civil penalty of not less than $1,000 and not more than $10,000 shall be assessed. If
a violation continues for a number of days, each day of such violation shall be considered a separate violation. Jurisdiction
of lawsuits under this subsection shall be in any Superior Court.
(3) If the violation is continuous, or there is a substantial likelihood that it will reoccur, the Authority may seek a temporary
restraining order, preliminary injunction or permanent injunction in the Court of Chancery.
(b) Any person who violates a regulation or license condition, or who violates § 6428 of this title, shall be subject to revocation
of such license and/or suspension of such license for such period as determined by the Authority and the assessment of an
administrative penalty of not less than $500 and not more than $2,500 for each violation. If a violation continues for a
number of days, each day of such violation shall be considered a separate violation. The procedure to be followed regarding
any revocation or suspension of license and assessment of an administrative penalty shall be as follows:
(1) The Authority shall notify the alleged violator of the alleged violation by registered mail at least 20 days in advance
of the time set for hearing on the violation;
(2) A hearing shall be held on the violation at which time the manager of the Authority shall present evidence in support
of the alleged violation;
(3) The alleged violator may appear personally or by counsel at the hearing and produce any competent evidence in his or her
behalf;
(4) Upon request of the manager or an alleged violator the Chairperson of the Authority shall issue subpoenae requiring the
testimony of witnesses and production of books, records or other documents relevant to any matter involved in such hearing.
In case of contumacy or refusal to obey a subpoena issued under this paragraph, the Superior Court in the county in which
the hearing is held shall have jurisdiction upon application of the Chairperson to issue an order requiring such person to
appear and testify or produce books, records or other documents requested;
(5) All testimony at the hearing shall be taken under oath. The Chairperson shall administer oaths and all directors shall
be entitled to examine witnesses. A verbatim transcript of testimony at the hearing shall be prepared and shall, along with
the exhibits introduced into evidence, constitute the record;
(6) Decisions regarding revocation or suspension of a license or assessment of an administrative penalty shall be made by
majority vote of directors constituting the quorum. In the event the directors render a decision revoking or suspending a
license or assessing an administrative penalty the Chairperson shall make findings of fact based on the record supporting
the decision, and state the reasons for rendering the decision. Any director who takes exception to the decision may submit
a dissenting opinion which shall set forth the reasons for such exception. Dissenting opinions shall be attached to and constitute
a part of the decision of the Authority. Deliberations on decisions regarding revocations or suspensions of licenses or assessments
of administrative penalties shall be held in executive sessions which shall be closed to the public. In the event a decision
is rendered revoking or suspending a license, the Authority may impose conditions for reapplication for a license or for continued
operation of the violator under the license;
(7) The Authority shall notify the alleged violator by registered mail of any decision reached under this subsection;
(8) In the event of nonpayment of the administrative penalty after all legal appeals have been exhausted, a civil action may
be brought by the Authority through its legal counsel in Superior Court for collection of the administrative penalty, including
interest, attorney's fees and costs, and the validity, amount and appropriateness of such administrative penalty shall not
be subject to review.
(c) Any person whose license is revoked or suspended or who is assessed an administrative penalty may appeal the decision
of the Authority to the Superior Court in and for the county in which the hearing was held. Such appeals shall be made within
30 days of the date of receipt of notification of the Authority's decision. Appeals shall be on the record. If the Court
finds that additional evidence should be taken, the Court may remand the matter to the Authority for completion of the record.
No appeal shall operate to stay automatically any decision of the Authority, but upon application and for good cause, the
Authority or the Superior Court may stay the decision pending disposition of the appeal.
(d) The Authority, through its legal counsel, shall be entitled to take direct legal action pursuant to subsection (a) of
this section without resort to conciliation or administrative remedies. The Authority may delegate to its manager the authority
to file suit on behalf of the Authority.
60 Del. Laws, c. 558, § 7; 65 Del. Laws, c. 344, § 3; 67 Del. Laws, c. 136, §§ 5-7; 70 Del. Laws, c. 186, § 1.;
§ 6418. Bonds of Authority.
(a) The Authority shall have the power and is hereby authorized from time to time to issue its negotiable bonds for any of
its corporate purposes, including incidental expenses in connection therewith, and to secure the payment of the same by a
lien or pledge covering all or part of its property, contracts, earnings or revenues. The Authority shall have power, from
time to time whenever it deems refunding expedient, to refund any bonds by the issuance of new bonds, whether the bonds to
be refunded have or have not matured, or be subject to redemption, and may issue bonds partly to refund bonds then outstanding
and partly for any of its corporate purposes. Refunding bonds may be issued in amounts sufficient to provide:
(1) The principal amount of the obligations being refunded;
(2) Any applicable redemption premiums thereon;
(3) Unpaid interest on such obligations to the date of delivery of the refunding bonds, and interest to accrue on such obligations
being refunded from the date of delivery of the refunding bonds to the first or any subsequently available redemption date
or dates selected by the Authority; and
(4) Any expenses, including bond discount, deemed by the Authority to be necessary for the issuance of the refunding bonds.
The proceeds of the sale of any refunding bonds shall be applied as follows, either: (1) To the immediate payment and retirement
of the obligations being refunded; or (2) if not required for the immediate payment of the obligations being refunded, such
proceeds shall be deposited in trust to provide for the payment and retirement of the obligations being refunded, but provisions
may be made for the pledging and disposition of any amount in excess of the amounts required for such purposes, including,
without limitation, provision for the pledging of any such excess amounts to the payment of the principal of and interest
on any portion of such refunding bonds or series of such refunding bonds issued for the purpose of providing amounts in addition
to the principal amount and premium payable with respect to the outstanding obligations to be refunded.
(b) The bonds shall be authorized by resolution of the Authority and shall bear such date or dates, mature at such time or
times not exceeding 40 years from their respective dates, bear interest at a rate or rates per annum as may be determined
by the Authority, be in such denominations, be in such form either coupon or registered, carry such registration privileges,
be executed in such manner, be payable in lawful money of the United States of America, at such place or places and be subject
to such terms of redemption, as such resolution or resolutions may provide. Bonds of the Authority shall be sold either at
public or private sale at such place and interest rates as may be determined by the Authority.
(c) Any resolution or resolutions authorizing any bonds or any trust indenture securing any issue of bonds may contain provisions,
which shall be a part of the contract with the holders of the bonds thereby authorized, as to:
(1) Pledging all or any part of the moneys, earnings, income and revenues derived from all or any part of the properties of
the Authority to secure the payment of the bonds or of any issue of the bonds subject to such agreements with bondholders
as may then exist;
(2) The rates, rentals, fees and other charges to be fixed and collected and the amounts to be raised in each year thereby,
and the use and disposition of the earnings and other revenues;
(3) The setting aside of reserves and the creation of sinking funds and the regulation and disposition thereof;
(4) Limitations on the right of the Authority to restrict and regulate the use of the properties in connection with which
such bonds are issued;
(5) Limitations on the purposes to which and the manner in which the proceeds of sale of any issue of bonds may be applied;
(6) Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, the
refunding of outstanding or other bonds;
(7) The procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of
bonds the holders of which must consent thereto and the manner in which such consent may be given;
(8) The creation of special funds into which any earnings or revenues of the Authority may be deposited;
(9) The terms and provisions of any mortgage or trust deed or indenture securing the bonds or under which bonds may be issued;
(10) Vesting in a trustee or trustees such properties, rights, powers and duties in trust as the Authority may determine which
may include any or all of the rights, powers and duties of the trustee appointed by the bondholders pursuant to § 6419 of
this title, and limiting or abrogating the right of the bondholders to appoint a trustee under such section or limiting the
rights, duties and powers of such trustee;
(11) Defining the acts or omissions to act which shall constitute a default in the obligations and duties of the Authority
to the bondholders and providing the rights and remedies of the bondholders in the event of such default, including as a matter
of right the appointment of a receiver; provided, however, that such rights and remedies shall not be inconsistent with the
general laws of this State and other provisions of this chapter;
(12) Limitations on the power of the Authority to sell or otherwise dispose of its properties;
(13) Any other matters, of like or different character, which in any way affect the security or protection of the bonds;
(14) Limitations on the amount of moneys derived from the properties to be expended for operating, administrative or other
expenses of the Authority;
(15) The protection and enforcement of the rights and remedies of the bondholders;
(16) The obligations of the Authority in relation to the construction, maintenance, operation, repairs and insurance of the
properties, the safeguarding and application of all moneys and as to the requirements for the supervision and approval of
consulting engineers in connection with construction, reconstruction and operation;
(17) The payment of the proceeds of bonds and revenues of the properties to a trustee or other depository, and for the method
of disbursement thereof with such safeguards and restrictions as the Authority may determine;
(18) Any other matter or course of conduct which by recital in the resolution or resolutions is declared to further secure
the payment of the principal of or interest on the bonds.
(d) It is the intention of the General Assembly that any pledge of earnings, revenues or other moneys made by the Authority
shall be valid and binding from the time when the pledge is made; that the earnings, revenues or other moneys so pledged and
thereafter received by the Authority shall immediately be subject to the lien of such pledge without any physical delivery
thereof or further act; and that the lien of any such pledge shall be valid and binding as against all parties having claims
of any kind in tort, contract or otherwise ag
